Toronto

This Barrie grandmother is protesting a plan to ban giving food to homeless people on city property

Two bylaws expected to be voted on at Barrie council Wednesday evening would make it illegal to give food or supplies in a park or on other city property to those experiencing homelessness. Advocates have been camping out outside Barrie city hall in protest.

Giving food, supplies could soon be illegal on city property if bylaws pass

Christine Naylor June
Christine Nayler and other homelessness advocates erected tents outside Barrie City Hall this week. Nayler says she hopes their presence will raise awareness about the bylaws council is voting on on Wednesday, which advocates strongly oppose. (Submitted by Christine Nayler)

Christine Nayler is staying in a tent outside Barrie City Hall, but it's not because she doesn't have a home.

The Barrie grandmother and her peers are aiming to raise awareness about new bylaws expected to pass on Wednesday night that she says will make her work of serving her unhoused neighbours next to impossible.

Nayler is the co-founder of Ryan's Hope, a non-profit corporation that serves those experiencing mental health, addiction and homelessness challenges, named after her son who struggled with mental health challenges and died in 2020 of toxic drug poisoning.The organization serves hundreds of meals each month to those experiencing homelessness.

Bylaw 67 and 68, which Barrie City Council will vote on on Wednesday, make the distribution of food, literature, clothes, tents, tarps, or other items to protect people sleeping outside from the elements illegal on city property.

"We're in the middle of a housing crisis," said Nayler. "To be passing these types of bylaws at a time like this is just cruel."

Fines range from $500 to $100K

She says organizations like hers are targeted by the proposed bylaws that could see those who distribute goods fined between $500 and $100,000 for carrying out their core missions — fines they could never afford.

"If this bylaw passes, we're not going to be able to continue to do street outreach," she said.

Christine Nayler and her family give our food and other supplies to those experiencing homelessness regularly right now.
Nayler and her family give out food and other supplies to those experiencing homelessness regularly right now, but a change in Barrie bylaws would force them to stop. (Submitted by Christine Nayler)

A broader motion brought forward in May offering staff a slew of options to address homelessness led to the drafting of the bylaws now up for a vote Wednesday. While some councillors voiced concerns, in particular about the piece of the motion related to the distribution of goods, the motion received unanimous support from council. 

Nayler says she doesn't have much hope that the proposed bylaws will fail, but she said, "We've got to try."

She's hoping people will see her and her peers next to their tents and that their protest will draw attention to the situation. She adds the move violates unhoused residents' Charter rights to safety, freedom and security as well as the rights of those who support them.

Other advocacy groups against the bylaws are planning other quiet protests at city hall during the Wednesday night meeting. Faith leaders have also written a letter to councillors indicating the ban would mean they cannot act on their faith. 

Mayor says move 'uncomfortable' but needed

CBC Toronto reached out to all of Barrie council including the mayor on Monday but no one agreed to speak before publication. 

When the motion was brought forward, Mayor Alex Nuttall said of the proposed ban on the distribution of goods, "It's uncomfortable because we know that these people are trying to help and trying to do what's good and right and honest and fair."

"We have to do it in a way that's going to result in long-term health for these individuals who are experiencing these pains. That's why we're encouraging folks to give to our social service agencies," he added.

"We want to be over-the-top compassionate for people in the city. But we need to have a lawful safe place to live as well."

The proposed bylaws did not act on other aspects of the motion, which included provisions to increase funding for social services. The City told CBC that staff are still working through several of the items in the motion. 

Advocates say they're discouraged about the option that has been pursued.

Process 'undemocratic,' says former councillor

Former city councillor Keenan Aylwin, a member of The Barrie Homelessness and Housing Justice Network, says the process has also been a problem. 

The motions were brought forward without notice, he said. And the bylaws drafted in the interim will be voted on in June without formal opportunities to hear from the public, though many have written to their councillor.

Keenan Aylwin
Former Barrie councillor Keenan Aylwin, left, says he thinks the way the bylaws have been brought forward is 'undemocratic.' (Submitted Keenan Aylwin)

City Clerk Wendy Cooke told CBC News deputations are only permitted in response to a recommended motion prior to council considering it. "Given this provision, deputations are not permitted related to the by-laws," she said.

Aylwin says the rush has been intentional.

"It's completely undemocratic," he said. "I think city council knows that this would be unpopular if they debated it and passed it in the public eye. So they're trying to sneak it through with minimal public attention, and they think they can get away with it."

He says waiting for a staff report and that taking the time to weigh which of the options should have been brought forward would have been a better course to take. 

The option council has chosen won't actually address homelessness, he said. Instead, he sees it as "trying to shift the blame from themselves as policymakers to the people experiencing homelessness and the people who have a heart to care for their neighbours by providing food and emergency shelter."

Several advocates told CBC Toronto they will attempt to overturn the bylaws through a Charter challenge if they pass on June 21.

Lawyers from the Community Legal Clinic of York Region have written to Barrie's mayor and council urging the councillors to press pause.

ABOUT THE AUTHOR

Clara Pasieka is a CBC journalist in Toronto. She has also worked in CBC's national bureau and as a reporter in the Northwest Territories, Ontario and New Brunswick. Her investigative work following the Nova Scotia Mass Shooting was a finalist for a CAJ Award. She holds a Masters degree in Public Policy, Law and Public Administration from York University.