Another reminder that the proposed eviction would be in violation of the Ontario Superior Court's ruling, calling on the City to take legal actions instead, and calling on allies to bear witness on Friday
(Edited to add: the eviction did not take place on the 6th, but could still take place any day - there has been no rescinding of the notice)
Posted on behalf of our partners at the Barrie Housing and Homelessness Justice Network (BHHJN)
The Barrie Housing and Homelessness Justice Network is very concerned about the City of Barrie and Mayor Alex Nuttall's plan to evict the Berczy Park encampment. As has been repeatedly stated, by ourselves and other advocacy groups, the Ontario Superior Court has ruled that encampment evictions without adequate shelter availability breach Section & of the Charter of Rights and Freedoms.
The claim that some shelter beds have been made available does not justify eviction for an entire encampment. The available beds are not only inaccessible but are insufficient in number. Evicting people from their camps does not solve homelessness. It does not magically produce housing options for the people sheltering in encampments. It only furthers the harm to vulnerable members of our community.
This planned action has already been deemed illegal by the Ontario Superior Court. Alex Nuttall and the City of Barrie are proceeding with full knowledge that this will not only cause harm but result in a legal challenge that will require them to spend taxpayer dollars. Dollars that should be going to our community's infrastructure and wellbeing.
We call on all allies and advocates to mobilize a presence for tomorrow morning, Friday September 6th, to capture evidence of any violence on the part of the police or by-law enforcement, and to support our unhoused neighbours. Members of the BHHJN along with Ryan's Hope will be gathering before 7am.
(text of lettter copied below jpeg)
Text of above letter:
September 5, 2024
An open letter to Mayor Alex Nuttall and members of Barrie City Council,
We, the Barrie Housing and Homelessness Justice Network (BHHJN), are deeply concerned about reports of the impending eviction of residents sheltering in Berczy Park. This action would displace a significant number of people, removing them from their homes and disconnecting them from the community and support network.
Despite multiple warnings that any eviction would violate an Ontario Superior Court ruling and breach Section 7 of the Charter of Rights and Freedoms, the City of Barrie appears determined to proceed with the eviction on Friday.
A recent release by the city of Barrie stated: "Until recently, the city's authority to evict individuals from encampments has been limited due to the lack of available shelter space in the County of Simcoe's shelter system. The county has been able to make shelter spaces available starting this week for the individuals in the Berczy Park encampment."
This is incorrect. Having made some shelter beds available does not justify an eviction. Even if there were enough beds for all residents, the burden for a legal eviction still would not be met. In order to be legally justified to evict encampment residents, the beds available must be able to truly accommodate the unique and complex needs of the residents. The City of Barrie has not met this burden. This is likely to lead to an expensive legal battle paid for by taxpayers.
We know that encampments are a visible symptom of Barrie's housing crisis, worsened by a shelter system in Simcoe County often over capacity. Evicting individuals from encampments does not solve homelessness - it makes our city less safe. Displacing people disconnects them from community support, complicates access to services, increases the risk of overdose, and inflicts further trauma on those already suffering. These evictions waste valuable public resources that could be better spent on long-term housing solutions. Our unhoused neighbours, friends, and loved ones deserve compassion and support, not policing and punishment.
Encampment evictions are both unlawful and ill-conceived, and will inflict additional harm and trauma on members of our community who are already facing significant challenges. BHHJN is committed to defending the rights of those whose voices are too often ignored. We stand in solidarity with them, and will fight this and any future eviction efforts.
Rather than taking harmful actions that violate the Charter of Rights and Freedoms and the human rights obligations of the municipality, we urge Mayor Nuttall and Barrie City Council to:
Invest in Housing Solutions: Prioritize the development of social, supportive, and transitional housing options. This includes working with provincial and federal governments to secure funding.
Expand Shelter Capacity: Address the over-capacity issue in our shelter system by expanding current facilities to meet the emergency needs while working to create long-term housing options.
Engage in Meaningful Dialogue: Engage with those living in encampments, along with advocates and service providers, to understand their needs and co-create solutions that respect their rights and dignity.
Implement Human Rights-Based Approaches: Ensure that all actions taken by the City of Barrie align with human rights obligations as outlined by the Federal Housing Advocate.
Barrie can become a model for compassionate and effective responses to homelessness by committing to justice, dignity, and human rights. We stand ready to work with the city to develop solutions that reflect the values of our community and protect the rights of all residents.
Sincerely,
Barrie Housing and Homelessness Justice Network (BHHJN)
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