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Council backing off changes to city bylaw regarding homelessness

'It’s not stopping the program; it’s stopping where the program is happening,' says Mayor Alex Nuttall
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Controversial changes to Barrie’s parks use and nuisance bylaws for the homeless and hungry are expected to be sent back to city staff by council later this evening.

Mayor Alex Nuttall said the city has received a letter from the Busby Centre committing to making programming changes — to stop handing out food and supplies along Barrie’s waterfront at the Spirit Catcher parking lot and instead move these outreach services to private property.

“It’s not stopping the program; it’s stopping where the program is happening,” Nuttall said. “We’re still in talks about when Busby will stop the daily program, but likely this Monday.

“The Busby Centre is willing to do what has been requested for many years ... moving the location from our waterfront for the distribution of food and these packages.”

The need for this change is due to numerous complaints the city has received from residents over many years, Nuttall said.

He said changes to the two bylaws will be referred back to staff later Wednesday because council no longer deems them necessary at this time.

But staff will be asked to clean up what’s considered outdated language in the existing bylaws.

Sara Peddle, the Busby centre’s executive director, confirmed the move will take place by next Monday.

“Besides this relocation of our one daily Spirit Catcher stop, we will continue all of our services in the community, as the demand for services has increased significantly for a variety of reasons, including the current housing crisis,” she said. “We are encouraged that the City of Barrie will be referring Bills 067 and 068 back to city staff to collaborate with the community. 

“We are thankful for all the local, provincial and national advocates, and the people with lived, and living the, experience of homelessness, for raising their voices collectively on this important issue," Peddle added. 

Nuttall thanked Busby Centre officials for their help.

“After years of requesting co-operation from the Busby Centre to stop handing out food and camping supplies along our waterfront, today the city is very pleased to have received a letter from the Busby Centre committing to stopping this practice,” he said. “This is a positive step forward for council, as the proposed bylaw is not needed to proceed at this time.”

Bill/bylaw 67, as proposed, amends the city’s parks use bylaw.

It says a person shall not provide, at no charge, food, clothing, tents, tarps or items used as shelter or to assist with sleeping or protection from the elements to members of the public from any public park unless authorized to do so by the city.

Bill/bylaw 68, as proposed, also amends the use of public property (nuisance) bylaw.

It says no person shall give away food, clothing, tents, tarps or other shelter to assist with sleeping or protection from the elements to members of the public from any city property unless authorized by the city.

This also applies to Barrie’s waterfront parks and off-leash dog parks, along with Memorial Square and Meridian Place.

It would be enforced by municipal law enforcement officers and the police.

Fines can range from less than $500 to $100,000, or $10,000 a day for continuous offences for individuals and corporations, and total fines for numerous or continuous offences are not limited to $100,000.

Current bylaws prohibit individuals or corporations from distributing food and supplies on city property, but they allow charitable organizations to do so. The change was to extend the prohibition to all organizations.

Also, people are not permitted to set up camp or to sleep overnight on city property under Barrie’s existing bylaws.

On May 17, city council unanimously approved a direct motion addressing chronic homelessness and public safety. It included measures dealing with drug addiction, mental health problems, shelter, counselling, limiting camping in city parks, feeding the hungry in public places, and a panhandling ban.

Some of those measures were to become amendments to city bylaws at Wednesday’s council meeting.

The legality of some of the measures has been questioned.

On Jan. 27, the Ontario Superior Court of Justice issued a decision stating municipal bylaws that prohibit people experiencing homelessness from erecting encampments could be unconstitutional if there are no appropriate shelter alternatives available.

Earlier this month, Mina Fayez-Bahgat, the County of Simcoe’s general manager of social and community services, said there are about 1,000 people in the county experiencing homelessness and half of them are from Barrie.

Barrie has 132 private and not-for-profit shelter beds at its four main emergency shelter programs — the Busby Centre, Salvation Army Bayside Mission, Youth Haven (ages 16 to 24), and Elizabeth Fry Society.

On average, 128 shelter beds have been occupied nightly in Barrie from June 14 to 20.

There is also flexibility for additional space through overflow use motel vouchers, on an as-needed basis. This does not include additional flexibility offered during the winter and during inclement winter weather.

The temporary shelter at 20 Rose St. in Barrie, and its 50 beds, was only open during the winter and closed for the season April 30.

A public meeting has been scheduled for Sept. 19 at the community safety committee’s meeting, on chronic homelessness, addiction and mental health supports in Barrie.

— With files from Jessica Owen