Ontario anti-encampment law punishes the homeless, avoids long-term solutions: critics

Rochelle Raveendran · CBC News

· Posted: Jun 08, 2025 1:13 PM EDT | Last Updated: 8 minutes ago

A caller provincial instrumentality that aims to wide encampments from nationalist spaces does not address the basal causes down homelessness and punishes radical who person nary entree to affordable shelter, critics say. 

The Safer Municipalities Act, which passed last Tuesday successful the Ontario legislature, gives municipalities and constabulary "enhanced tools they request to extremity encampments and cleanable up our parks and nationalist spaces," according to a provincial quality merchandise from April. 

But the Association of Municipalities of Ontario (AMO), which represents each 444 municipalities successful the province, says the instrumentality does not supply longer-term, imperishable solutions for homelessness — an contented municipalities crossed the state person described arsenic a apical interest successful caller years. 

"It doesn't truly absorption astatine each connected the basal causes of homelessness ... the deficiency of profoundly affordable housing, the deficiency of intelligence wellness and addictions services astatine the levels that we request them, arsenic good arsenic immoderate of these basal issues astir income support," said Lindsay Jones, the AMO's manager of argumentation and authorities relations. 

Under the legislation, the state volition walk $50 cardinal to assistance make 1,239 further lodging units, and $20 cardinal to make 971 further structure and impermanent accommodation spaces. 

It volition besides enactment $5.5 cardinal toward the Canada-Ontario Housing Benefit to "immediately free-up exigency structure spaces for radical surviving successful encampments" by helping astir 1,000 radical surviving successful shelters determination into longer-term housing, the quality merchandise said. 

WATCH | Ford first introduced the authorities successful December:

While Jones called the spending encouraging, she said its "a driblet successful the bucket" compared to the astir $2 billion the AMO estimates is needed to extremity encampments successful Ontario.

More than 80,000 radical successful Ontario were stateless past year, according to an AMO report. The relation antecedently recovered determination were astir 1,400 encampments crossed the state successful 2023.

CBC Toronto has reached retired to the state for comment. 

Law misdiagnoses problem: assemblage worker

Jones said the Safer Municipalities Act is peculiarly focused connected enforcement. The instrumentality strengthens penalties for radical who "deliberately and continually interruption the instrumentality by adding the caller aggravating factors of continuous trespassing and the likelihood to reoffend," the provincial quality merchandise said. 

People convicted of a trespass offence whitethorn look a good of up to $10,000, according to the bill. 

The authorities besides allows constabulary officers to contented a summons oregon apprehension radical who bash not comply with an bid to halt utilizing amerciable substances successful nationalist and to permission the nationalist place. 

People recovered blameworthy of violating the authorities whitethorn look fines of up to $10,000 oregon up to six months successful prison. The state volition research "judicial approaches" that supply rehabilitation arsenic an alternative to jailhouse clip for insignificant oregon non-violent cause crimes, the provincial quality merchandise said. 

When Ontario Premier Doug Ford archetypal introduced the Safer Municipalities Act successful December, helium said encampments "are taking implicit nationalist spaces, with amerciable cause usage happening retired successful the open, creating immense information risks for radical and communities." 

"Enough is enough, this has to halt and it volition stop," Ford added. 

But Diane Chan McNally, a assemblage idiosyncratic successful Toronto who works with radical who unrecorded successful encampments, says the Safer Municipalities Act is punishing those who person nary entree to affordable housing. 

"We're misdiagnosing the existent problem. We're suggesting that the contented is radical utilizing drugs successful nationalist erstwhile the contented is really that radical person obscurity affordable for them to live," she said. 

McNally said determination is simply a stereotype that radical who unrecorded successful encampments are dense cause users progressive successful transgression activity. The world is that "every benignant of person" lives successful encampments due to the fact that they cannot spend housing, she said. 

The radical she has worked with see an 84-year-old pistillate who started surviving successful an encampment aft her spouse died and she could nary longer spend housing. 

WATCH | Ford has said helium is prepared to usage notwithstanding clause to wide encampments:

Many radical who unrecorded successful encampments are acrophobic they volition beryllium targeted nether the caller authorities careless of whether they usage drugs oregon not, McNally said. 

Catherine McKenney, NDP MPP for Ottawa Centre, said the authorities could besides substance a rhythm wherever radical who person been imprisoned volition conflict to get lodging erstwhile they're released due to the fact that they person a transgression record, McKenney said. 

"Prison beds are not housing," McKenney said. 

Law could interruption people's rights, CCLA says

The authorities whitethorn besides infringe connected the rights of radical who are trying to question shelter, said Harini Sivalingam, director of the equality programme astatine Canadian Civil Liberties Association. 

In Ontario, determination is beardown lawsuit instrumentality — meaning instrumentality based connected erstwhile judicial decisions — that establishes radical person a close to question structure erstwhile determination are nary disposable structure options for them overnight, she said. 

"'The authorities can't deprive them of that close by evicting them overnight erstwhile they person obscurity other they tin spell for information and security," Sivalingam said. 

Last year, earlier the enactment was introduced, Ford pledged to usage the notwithstanding clause that would override the Canadian Charter of Rights and Freedoms if the courts were to "interfere" with the legislation. He made the pledge successful a missive to 12 mayors who asked him to usage the clause to wide encampments. 

In April's provincial quality release, 16 mayors crossed the state indicated their enactment for the Safer Municipalities Act.

Community groups and advocates successful the state are exploring ineligible avenues to halt the enforcement of the Safer Municipalities Act, Sivalingam said. 

"The authorities is trying to question shortcuts that volition interaction important rights and freedoms," she said.