Local advocates for people experiencing homelessness are speaking out after the Region of Waterloo and the Province of Ontario announced plans to appeal the Superior Court’s ruling concerning 100 Victoria St.
The homeless encampment has become a challenge for the region’s plans to build a new Kitchener Central Transit Hub. The municipality claims it needs the land to set up construction equipment, but courts have decided twice that forcing residents out would breach their Charter rights.
The province is supporting the region in this matter.
Minister of Municipal Affairs and Housing, Rob Flack, told 570 News Radio on Tuesday, “Bottom line is this: we can not let an encampment of 30 to 35 people, and I’ll come back and say we need to protect those people in the process, but we can not let an encampment delay major infrastructure investments across the Waterloo Region or, for that matter, across Ontario.”
Speaking with 570 News Radio, Ashley Schuitema, a lawyer and Executive Director of Waterloo Region Community Legal Services, expressed that it’s unfair for the province to blame encampment residents for these delays.
“It’s easy to say these people living in the encampments are the problem when the problem is failing at their end and not putting money into supportive housing, not putting money into projects that need to be done.”
Schuitema also raised a crucial point: “I’d be curious what this litigation will cost the province and the region, right? Like, all that money they’re spending on this litigation could be spent on housing.”
David Alton, Facilitator of Lived Expertise Engagement Program, appeared on The Mike Farwell Show and advocated for two potential options mentioned in Justice Michael Gibson’s 88-page decision: a safe tenting protocol or designated encampment sites.
He highlighted a nearby community that has taken proactive steps toward addressing homelessness as an example of how similar programs could work here.
“You can look to the City of London. They had multiple sites throughout the city where they had hubs that had port-a-potties there. Where service providers would come every day with specific services. There’s a whole range of services you can bring, but the first and foremost thing is to have a place where people can exist legally.”
Schuitema pointed out that simply relocating residents without enough shelter space available will only make things worse. It’s not really a solution as both the region and province think it is, she said.
“We’re still going to see people living in tents. We’re still going to see encampments popping up in places that maybe aren’t ideal. Maybe places where communities and neighborhoods don’t want them. That’s why a safe tenting protocol is actually such a perfect policy tool because government can allocate spaces.”
Alton agreed with her thoughts adding everyone understands safe tenting isn’t perfect but it’s better than violating people’s Charter rights.
“So I think it’s important for people to understand that safe tenting zones are option of last resort. This isn’t meant as an ultimate solution to homelessness but it does help address support-lessness while ensuring people’s human rights aren’t compromised.”
The municipality has consistently stated its position during this process saying,” The region will continue providing support and outreach services for individuals experiencing homelessness at site while evaluating next steps as legal proceedings continue.”
This Tuesday announcement indicated plans were underway by region officials to file their appeal shortly.
The province hasn’t specified when they plan on filing theirs yet.
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