Waterloo Region doesn't have shelter beds to accommodate residents if evicted, argues lawyer

On day two of the encampment eviction hearing, Shannon Down, who is representing some of the encampment residents on behalf of Waterloo Region Community Legal Services, argued that if evicted, the region doesn't have the shelter beds to accommodate residents, subsequently infringing on their charter rights.

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

On Monday, James Bennett, the region's lawyer, said that there are currently 476 beds available to people experiencing homelessness with another 70 on the way. 

Despite there being approximately 1,100 people in the region experiencing homelessness, Bennett said there is still a surplus of beds, keeping up with demand, since many who are unhoused aren't interested in staying at shelters.  

However, Down said that they can't look at available beds alone, they have to look at the demographic breakdown of these beds since some shelters are exclusively set aside for women, men or children, and not all them accept couples or people with pets.

The implication, Down said is that unhoused people aren't guaranteed of getting a bed even if it appears as though free beds are available, as they may not be eligible to access beds at certain shelters. The exact breakdown of free beds by demographic was unavailable. 

Alleged charter violation

Ashley Schuitema, also with Waterloo Region Community Legal Services argued that beds also need to be accessible and "low barrier." Barriers, she said, could include things like addiction at abstinence-only shelters, mental health or transportation.

In the absence of safe, effective and accessible shelters, it was suggested that an eviction would amount to a breach of Section 7 of the Charter of Rights and Freedoms, which deals with "right to life, liberty and security of the person."

Bennett argued Monday that the charter rights of residents wouldn't be breached if encampment residents were evicted since the region has offered other shelter options, while Down and Schuitema believe that the options aren't there.

Schuitema also argued that evictions at encampments can lead to things like starvation, sexual violence, loss of survival possessions and could result in unsafe drug use. 

Motel rooms as shelter

Bennett also said Monday that if shelter beds run out in the region, people in need can access motel rooms instead, but Down argued that this isn't always the case. 

"Motel space is not unlimited," Down claimed. 

It was also argued that the region's encampment policy, which was established last year, hasn't been enforced. 

Earlier in July, the region filed an application with the Superior Court of Justice to start evicting people 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. 

Outdoor shelter models considered

The region is currently working with community partners to operate outdoor shelters and working with local municipalities to find ideal sites.

The region's interim plan recommends options 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.

The hearing is set to continue next week.