Our Office for Systemic Justice cites ethical concerns with legislation aimed at dismantling encampments.
December 9, 2024
Dear Premier Ford,
Recently, you proposed legislation to grant municipalities and police expanded powers to dismantle homeless encampments. You also indicated your willingness to use the notwithstanding clause of the Canadian Charter of Rights and Freedoms if courts block the implementation of the legislation. You indicated your intention to give municipalities "the tools they need" to restore public order and safety, including measures to enhance penalties for trespassing, explicitly ban open drug use in public spaces, and enhance enforcement capabilities.
While no one thinks that encampments are an adequate solution, there are significant ethical concerns with this proposed legislation and, more widely, with this approach to homelessness:
Despite your government's promise of new funding to increase shelter beds for people being removed from dismantled encampments, it is clear that crowded shelters are part of the problem, not a long-term solution. Many people prefer living on the street, or in parks, because they find shelters unsafe, stressful, and lacking in privacy. In addition, overnight shelters leave people with nowhere to go during the day. Furthermore, many studies have demonstrated that funding overnight shelters is more expensive than funding deeply affordable and supportive housing options.
The notwithstanding clause should not be evoked to limit the rights and freedoms of people in vulnerable situations, particularly when there are more effective options for addressing the issues. The answers to homelessness are clear (see recommendations below). All that is lacking is the political will to invest in effective solutions. This is, at heart, an ethical issue for our society.
Recommendations:
An adequate response to homelessness requires the government to address the roots causes of homelessness. This means recognizing safe, adequate, and deeply affordable housing as a human right, and funding it as such. It also means providing supportive housing for people who require it.
We know that providing housing is cheaper than providing emergency shelters, but the problem is the steep upfront capital costs for housing. This means that the effective solutions we all seek require significant and sustained investments from all levels of government. It also requires tackling other systemic issues such as punitively low social assistance rates, an inadequate minimum wage, and insufficient mental health and addiction resources.
We urge you to be attentive to the Homeless Hub's Report on Encampments, which outlines a human rights approach. See Overview of Encampments Across Canada: A Right to Housing Approach. The report identifies key principles which would urge your government to recognize the residents of homeless encampments as rights holders, and to engage them in meaningful ways to explore alternatives to evictions. These rights-based principles also require governments to design and invest in long-term solutions, as suggested in the recommendations above.
Sincerely,
Sue Wilson, CSJ | Executive Director, Office for Systemic Justice
Federation of Sisters of St. Joseph of Canada
c.c. Minister Paul Calandra
Image of Homeless Jesus sculpture by Ashwini Chaudhary(Monty)
