[2Stonedbirds]

Originally Posted by chemgear

https://globalnews.ca/news/9446682/o...er-encampment/

Ontario judge denies request to clear Kitchener encampment citing Charter violation

An Ontario judge has denied a municipality’s request to clear a homeless encampment, building on decisions out of British Columbia that he says establish a constitutional right for a person to shelter themselves if accessible indoor spaces aren’t available.

The ruling comes after two decisions where Ontario judges ruled against residents fighting to prevent encampment evictions at city parks in Toronto and Hamilton. In those cases, the judges found there was adequate space to accommodate “all of the cities’ homeless,” Valente wrote.

Couples testified about being separated from one another when they stayed at shelters, people who use drugs noted the harm of abstinence-based policies, and others talked about the “weight of uncertainty” around available shelter space on any given night.

“If the available spaces are impractical for homeless individuals, either because the shelters do not accommodate couples, are unable to provide required services, impose rules that cannot be followed due to addictions, or cannot accommodate mental or physical disability, they are not low barrier and accessible to the individuals they are meant to serve,” the judge wrote.

Freeman on the land engaged.