Our Office for Systemic Justice: A Letter to Premier Doug Ford

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)

HOUSING IS A HUMAN RIGHT

From the UN rapporteur statement on Housing as a Human Right we read:

Housing is a human right.  It is enshrined in the Universal Declaration of Human Rights and in many international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights.  Under international law everyone has the right to adequate housing.

Image: Michael Jasmund/ Unsplash

On Friday, October 14th the Mayor of Peterborough declared a state of emergency due of the lack of suitable housing and/or shelter beds available for the homeless as the winter months set in.  With an interest in homelessness, a couple of us decided to attend the gathering at All Saints Anglican Church that evening to hear what is being proposed and to get involved in some way.  Approximately 100+ citizens gathered to listen to ‘the folks’ who were affected by this crisis along with their support workers from various Agencies advocating on their behalf for a reasonable and viable solution.  In the audience were also the candidates who are seeking to be elected Mayor or Council Member in the upcoming Municipal election. Other citizens wanting to understand the current situation in our City  were present and are willing to offer support in wherever ways might emerge from meetings such as this one.    

The Agenda for the evening was set by the group as each person in the room had a chance to introduce themselves and state the issue(s) they wanted heard and addressed that evening.    

Key statements from the meeting were statements about feeling discouraged at the response of current city leaders who have not addressed homelessness sufficiently;

• shelters need more caring staff;

• rules in shelters need to be explained in a caring manner;

• Federal and Provincial governments need to come forward with funding;

• frustrated because NO changes will happen until new city council comes into power;

• income support programs need to be enhanced;

• family shelters are needed;

• places for youth need to be set up rather than having to couch surf;

• tents in parks or at City hall are taken from the folks and thrown in garbage;

• ODSP and OW is not adequate to live a healthy life;

• POLICE PRESENCE IS NOT A RESPONSE TO HOMELESSNESS. 

No matter who they are, people want to be respected and “looked in the eye” when they are spoken to.

On the other hand some positive comments were shared which gave HOPE to the audience:  to learn and become educated about the role of the Municipal Mayor and Council and keep them on task to resolve the issue; look at Tiny Homes /Sleeping Cabins as a possibility to house people this winter until a more permanent solution can be found and funded; listening and sharing ideas with each other as this meeting has done will engage creativity among the group; a few people with ideas can make something happen (Ex.  Kawartha Food Share began at a round table meeting and now serves hundreds of people in our community); once a human connection is made with a homeless person, I will be changed; use our power and our voice to speak up on behalf of those who have no voice; name this issue of homelessness as a violation of human rights when we get a chance in a public setting; take away one idea from this gathering and put it into action on behalf of the homeless.

Compassion is the wish to see others free from suffering (Dalai Lama).

What London Can Be

Over the past several months while we have all been confined to home, many of us have listened to the news on several platforms giving us the news of the day internationally, nationally, and local news.  As a member of the London Affordable Housing Foundation, one storyline that I have been following with great interest is the impact the pandemic has had on housing.  We know some people who have been able to save and have money to enter a housing market whose prices are rising weekly. However, a story not as readily covered is the impact the pandemic has had on those who have lost jobs, who work for very low wages yet in markets that are identified as essential, and who have lost housing, whose rents are already high, or who are homeless.  Solutions seem elusive or seem to take an endless about of time.

However, I am buoyed by the commitment of the not-for-profit housing providers in the city.  Six of these groups have come together to lay out a plan for mixed housing on part of the lands of the former Victoria Hospital.  The plan is called Vision SoHo Alliance.  As it takes shape, the plan will include over 350 affordable units (i.e. below-market rents for that area).  We were called together by the London Community Foundation to consider how we could collaborate to address the critical housing need in London. Click here to listen to a podcast discussion by Sylvia Harris and Greg Playford describes our plan and our hope to make a difference:

https://www.lcf.on.ca/whatlondoncanbe/2021/3/22/episode-3-sylvia-harris-amp-greg-playford

The podcast is longer than a few minutes, but it is worth the listen.  Join us in supporting this unique and collaborative effort, unique in Canada.

Joan Atkinson, London Affordable Housing Foundation - Part of Vision SoHo.

Click here to read more about the Vision SoHo Alliance.

Concept art for the proposed development on the vacant Old Victoria Hospital lands.