The eastern Ontario city of Kingston has been granted a temporary injunction that bans fires at a homeless encampment it is trying to clear.
The city filed an application with the Superior Court of Justice at the end of June asking the court to order the permanent eviction of approximately 35 residents sheltering in the encampment.
"These individuals have erected approximately 27 tents, wooden structures and other shelters at this location," the city application reads. "The encampment is semi-permanent in that the structures remain in place and are inhabited daily and at all hours of the day."
In the application, Kingston argues it has tried to move residents of the encampment – which is in the area near Belle Park, K&P Trail and homeless services provider the Integrated Care Hub – to available, accessible shelter spaces.
It also argues the encampment is a nuisance that has led to damaged city property and a concentration of criminal behaviour, including sexual assaults and opioid trafficking.
The application further argues that the intoxication or drug use of encampment residents is causing disturbances to nearby residents and businesses, leading to their stigmatization and loss of revenue.
As part of the application, Kingston is seeking injunction orders to remove unused structures from the encampment and ban fires at the site, claiming both present fire and health risks.
An interim injunction banning fires at the encampment was ordered Monday, while both injunction requests will be fully assessed next month. The larger issue of encampment removals will be heard at the end of October.
In a written statement, the City of Kingston said it is seeking guidance from the court, through the legal application, to address the situation. The city said it hopes the interim fire ban will reduce the risk of dangerous fires at the encampment.
"The safety of all our residents is our top priority, taking into consideration the complexity of needs for all those involved," said communications officer Kelsey Pye.
"There have been serious incidents occurring at the encampment, which pose health and safety concerns for the remaining encampment residents, service providers and surrounding neighbours."
The statement also noted the city has not forcibly removed anyone, instead focusing on a "peaceful transition," and low-barrier shelter capacity remains to accommodate those in the encampment. It also said the city has worked with community partners to offer services such as free transportation and storing of belongings.
John Done, a lawyer with the Kingston Community Legal Clinic who is representing 14 of the encampment residents, said they plan to question the constitutional validity of the application, arguing in part that their eviction would violate their Charter rights because of the region's lack of adequate shelter spaces.
Despite the city's claims that some encampment residents refuse offers of shelter space, Done said city data shows there are two to three homeless people for each available single shelter bed.
The encampment residents are also "going to ask the court to decide that the residents' right to life, liberty and security of the person ... outweighs the city's interest in managing Belle Park," Done said in an interview.
In January, the Superior Court of Justice denied the Region of Waterloo's request to clear a homeless encampment of roughly 50 people after a judge found decisions in British Columbia established a constitutional right to shelter when the number of homeless people exceeds available and accessible indoor spaces in that jurisdiction.
Done said the encampment's location near the Integrated Care Hub is important because it's near the city's lone safe injection site and many of its residents have disabilities or fentanyl addictions that shelters aren't equipped to address.
"If somebody is homeless and they have an addiction to fentanyl, the best place to be is near that safe injection site because there are staff who can bring people back and help them so they don't die of an overdose," he said.
"By contrast, if the court orders an eviction, then these folks won't have another place to go."
Done said he still hopes the two parties can reach an agreement that does not include clearing the encampment, while addressing the concerns of the city, residents and businesses, such as reducing fire risk and garbage.
In December, the Ontario Human Rights Commission said ongoing consultations have revealed that desperate situations -- including a lack of affordable housing, economic inequality and gaps in mental health and addiction care -- are leading to people living in encampments.
It urged that solutions to homelessness and encampments be grounded in human rights-based approaches, delivered with respect and compassion.
This report by The Canadian Press was first published July 11, 2023.
Tyler Griffin, The Canadian Press
