Charter rights of encampment residents aren't breached if evicted, Waterloo Region's lawyer argues

Day one of aneviction hearingagainstencampment residents in Kitchener, Ont., saw James Bennett, the lawyer representing Waterloo Region, argue that the charter rights ofresidents wouldn't be breached if evicted since the region has offered other shelter options.

The homeless encampment at 100 Victoria Street was established just before the new year, but has grownin size since March 2022.

Earlier in July, the region filed an application with the Superior Court of Justice to start evictingpeople at the encampment. The region alleges that people living at the encampment are in breach of Ontario's Municipal Act. The region had previously given occupants a June 30 deadline to leave the property.

On Monday, Bennett said that the region would ideally like toremove encampment residents before winter, while giving them 30 days notice.

This situation cannot continue. James Bennett, lawyer representing Waterloo Region

The region doesn't need a court order to evict residents but is looking for assistance from the court onhow to enforce their legal rights.

Bennett explained that all eight prohibited activities in the region's trespass bylaw have been violated, including erecting unauthorized structures, bringing hazardous goods on the premises without authorizationand engaging in illegal activity like violence or drug use.

"This situation cannot continue," Bennett said. Headded that the situationhas cost the region $80,000 a month to maintain.

Shelter system an alternative

Bennett explainedthat the region currently has 476 beds available to people experiencing homelessness with another 70 on the way, but that some of the encampment's residents haverefused these services.

If the number of beds run out, he explained that there are motel rooms available too.

"There's capacity in the system and more importantly there's other alternatives," Bennetttold the court.

Despite the hundreds of beds available to local unhoused populations, Justice Michael Valente pointed out that there are 1,100 chronically homeless people in the region, which Bennett didn't contest.

Bennett claimedthat of this population, not all are seeking shelter beds and are choosing to live in the encampments. He said that the region has the capacity for those who want it. Justice Valente said he'd like to see the figures.

Disagreement on Charter infringement

Mercedes Perez, who is representing some encampment residents, said that "eviction enforceable by police power" isn't ethical, humaneor charter compliant.

Perez defended that some of the residents have mental disabilitiesand evictingthem would amount to discrimination, which goes against section 15 ofthe Charter on equality rights.

She said that eviction would have disproportionately negative affects on people suffering from mental disabilitiesand could lead to things like sleep deprivation.

One month following the region's application, regional council members voted to expand supports for peopleexperiencing homelessness.

Part of the region's interim planrecommendsoptions like a sanctioned, managed or hybrid approach to encampments.Other recommendations include expanding the region's transitional housing program, home-based support programming and the emergency shelter program.

Regional staff, along withcommunity partnersare expediting the process to operate outdoor shelters and are working with local municipalitiesto findidealsites.

The region is looking for several sites outside of downtown cores that can be quickly modified to support people.

The hearingcontinues on Tuesday.