It’s been 55 hours since the city handed out 21 bylaw infraction notices at the Berczy Street Park homeless encampment, which gave residents there 72 hours to "correct" the noted violations.
As time ticks down until that deadline hits, what exactly will happen at the 2.2-acre park, located near Codrington and Berczy streets, remains unknown.
The park contains one of Barrie’s homeless encampments, of which neighbourhood residents have complained.
As of 1:30 p.m. Thursday, several tents could be seen from one of the park’s entrances on Sophia Street East, near Peel Street.
A second entrance on the other side of the park on Berczy Street, near Queen Street, which includes a children’s playground, appeared to be clear of tents. However, a large pile of garbage was visible sitting in piles around a lone trash bin.
The notices of action required — issued at 10:30 a.m. on Tuesday, Sept. 3 — cited several infractions for behaviour contrary to city bylaws. Those included placing debris on city property contrary to the nuisance bylaw, fouling the land by urinating and defecating, and camping within a public park contrary to the parks use bylaw.
Despite reports that residents of the encampment were being — or will be — evicted from the area, Dawn McAlpine, the city’s general manager of community and corporate services, told BarrieToday that, to date, no 'tickets' have been issued.
“Notices have been issued identifying the matters that are not compliant with city bylaws. A notice of action required is not a ticket,” she said.
When asked what will happen when the 72-hour deadline is reached, McAlpine said the city will follow up and determine its next steps based on the circumstances of the individuals and the site at that time.
“The city is working closely with the county and will consider the circumstances of the individuals and the nature of any compliance matters before next steps are determined,” she said.
Earlier this week, McAlpine told BarrieToday the county has been able to make shelter spaces available starting this week for the individuals living in the Berczy Park encampment, and that people there were advised of the offers of shelter the week prior.
In light of shelter availability and such offers being extended, McAlpine said the city was now in a position to enforce the parks use bylaw’s prohibition on camping, and that the specific enforcement response will continue to be guided by the 2023 Ontario court decisions.
Last year, an Ontario Superior Court ruling deemed bylaws prohibiting homeless encampments on municipal property unconstitutional if indoor shelter is not available.
Some have questioned whether the city is acting within the law with its recent moves, and have urged the municipality to reconsider what actions it could take next.
In an open letter to Barrie Mayor Alex Nuttall and members of city council, the Barrie Housing and Homelessness Justice Network (BHHJN) said it was "deeply concerned" about reports of an impending eviction of residents living in Berczy Park.
“This action would displace a significant number of people, removing them from their homes and disconnecting them from the community and support network,” stated the letter.
BHHJN noted that, despite multiple warnings that any eviction could violate an Ontario Superior Court ruling and breach Section 7 of the Charter of Rights and Freedoms, it says the city appears determined to proceed with the eviction on Friday.
“Having made some shelter beds available does not justify an eviction," BHHJN stated in its letter. "Even if there were enough beds for all residents, the burden for a legal eviction still would not be met.
"To be legally justified to evict encampment residents, the beds available must be able to truly accommodate the unique and complex needs of the residents. The City of Barrie has not met this burden,” added the organization.
BHHJN says such action would likely result in an expensive legal battle for taxpayers.
“We know that encampments are a visible symptom of Barrie’s housing crisis, worsened by a shelter system in Simcoe County often over capacity," the letter stated. "Evicting individuals from encampments does not solve homelessness — it makes our city less safe. Displacing people disconnects them from community support, complicates access to services, increases the risk of overdose and inflicts further trauma on those already suffering.”
McAlpine responded to some of the group's concerns outlined in the letter.
“The city is committed to acting within the guidance provided by the courts and is of the belief that the provision of shelter spaces proposed by the county will be found to alleviate the unsafe condition in Berczy Park and provide a better alternative for those persons camping there,” she said.
Barrie Mayor Alex Nuttall said he's happy to see the County of Simcoe "step in to offer support, accessible shelter and resources to individuals who need it."
"The county’s collaboration in addressing the needs of our most vulnerable residents is crucial to our efforts of maintaining safety and cleanliness in Barrie’s parks where kids play," he said in a statement emailed to BarrieToday.
BHHJN says encampment evictions waste valuable public resources that could be better spent on long-term housing solutions.
“Our unhoused neighbours, friends and loved ones deserve compassion and support, not policing and punishment," the group says. "Encampment evictions are both unlawful and ill-conceived, and will inflict additional harm and trauma on members of our community who are already facing significant challenges.”
In its letter, BHHJN asks the city to reconsider what it calls “harmful actions that violate the Charter of Rights and Freedoms and the human rights obligations of the municipality."
Instead, the group suggests government invest in housing solutions by prioritize the development of social, supportive, and transitional housing options; expand shelter capacity; engage in meaningful dialogue with those living in encampments, as well as with advocates and service providers; and ensure actions taken by the city align with human rights obligations as outlined by the Federal Housing Advocate.
“Barrie can become a model for compassionate and effective responses to homelessness by committing to justice, dignity and human rights," BHHJN says in its letter. "We stand ready to work with the city to develop solutions that reflect the values of our community and protect the rights of all residents."
As for the city issuing notices of action required, a similar situation occurred in May when Barrie bylaw enforcement officers handed out several violations to residents of an encampment at Audrey Milligan Park and Pond, near Anne and Dunlop streets.
Those notices were for debris on city property and camping within a public park without authorization, after which representatives from the Community Legal Clinic of York Region weighed in by sending council members a letter stating any "evictions" would be unlawful under Ontario law.
Following this week's news about Berczy Park, Community Legal Clinic of York Region executive director Jeff Schlemmer and Sharon Crowe, the clinic’s director of legal services, issued another letter about the current situation.
“We would strongly urge you to comply with Ontario law and not attempt to evict encampment residents as apparently planned,” Schlemmer and Crowe wrote in a joint letter sent to members of council on Sept. 4.
“We would once again urge you to await the court’s decision in our Hamilton encampment case, scheduled to be heard Oct. 18-19, before taking any action against encampment residents," they said.
Schlemmer and Crowe encouraged the city to work with the county "to urgently create truly accessible housing."
"This is the only lasting solution to getting our ever increasing homeless citizen population out of parks and streets — as the public demands,” they said in their letter.
No tickets were handed out in May, noted McAlpine, adding a notice was issued identifying the matters that were not compliant with city bylaws.
"At the time, the city considered the individual circumstances and its response reflected the circumstances at the time. The same consideration of the individual circumstances will occur in this case,” said McAlpine.
— With files from Bob Bruton and Kevin Lamb
