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Trespassing tickets spark outrage among advocates as Berczy Park showdown continues

'I'm not going to feel intimidated in this situation. I feel confident that this is not a legal action,' says Barrie woman while being ticketed

Barrie police removed two people from Berczy Park on Wednesday for trespassing at the downtown homeless encampment, which has been closed by the city.

Local resident Kaitlin Baldwin, 29, a registered psychotherapist and trauma therapist, was handcuffed by officers and removed from the park’s Peel and Sophia streets entrance early in the afternoon.

“I’m not going to feel intimidated in this situation,” she said while being ticketed. “I feel confident that this is not a legal action.”

Baldwin was handcuffed by Barrie police officers, removed from Berczy Park, had her handcuffs removed on the sidewalk and was then given a Provincial Offences notice of trespassing.

She said she intended to get arrested. 

“I went into the encampment and trespassed to make sure the residents there … were made aware of their rights under the Charter of Rights and Freedoms,” she said. “They are taking advantage of the fact that people don’t know the Charter of Rights and Freedoms, and the fact they are vulnerable, and forcing them out when they don’t actually have to leave.

“Part of what I wanted to do is be able to kind of de-escalate the situation and to provide brief intermittent support," Baldwin added. 

On Wednesday morning, police said one person was issued a Provincial Offences notice under the Trespass to Property Act at Berczy Park, which is located in the block bordered by Wellington, Sophia, Peel and Berczy streets.

“The individual refused to leave the park when directed to do so and was escorted from the park by police,” said Jennett Mays, communications co-ordinator for city police.

Mays said police were not able to release the individual’s name, as this was a Part I summons — not a Part III under the Provincial Offences notice or a criminal charge.

The individual has been identified as John Ironside, a local video producer who makes social documentaries.

“I will be crossing the line (Berczy Park entrance) as media and (then) I will be recording this event regardless of their (allegedly) illegal attempts to silence the truth,” said Ironside, who put out a social-media message Wednesday.

Trespassing notices were also handed out at Berczy Park on Tuesday, after members of advocacy groups allegedly interfered with the ongoing cleanup and maintenance of the Barrie homeless encampment.

The city issued two verbal warnings that day, with immediate compliance, and five Trespass to Property notices were issued for those who hadn’t complied.

Christine Nayler of Ryan’s Hope, a group that advocates for the homeless, received a trespassing notice Tuesday.

“I should not have got a trespassing ticket,” she said Wednesday afternoon. “The only people that were issued trespassing tickets yesterday were people that were here witnessing and documenting human rights violations for the past two days.

“So, it was only advocates who were filming … and one member of the media,” Nayler added. “We were told when we arrived this morning (Wednesday) if we passed that barrier (at Peel and Sophia into the park) that we would be arrested.”

Nayler described what she saw inside Berczy Park. 

“We witnessed people’s tents being slashed, destroyed instead of taken down and given to them nicely or given to us,” she claimed. “We requested they be given to us so we could give them to people to use. We witnessed people’s property being stomped on, picked up and put in the garbage.

“What we were seeing was really hard to witness and watch,” Nayler added.

Baldwin said that scene was part of the reason she wanted into Berczy Park on Wednesday afternoon.

“The fact that these people are now going to be displaced to temporary provision shelters for three days and then kind of forced to pack up again and find a new encampment means that it’s probably going to be weeks to a month-plus before they can even somewhat settle again," she said. 

“These are the most vulnerable people in our city," Baldwin added. 

Advocates for the homeless said Wednesday there were anywhere from four to 15 people living in tents at Berczy Park.

Signs at Berczy Park’s Peel/Sophia entrance carry messages such as ‘See you in court,’ ‘I can’t believe we have to protest this,’ ‘Dear city councillors, Your lack of humanity is showing,’ ‘Canadian Charter Rights infringement,’ ‘Bureaucratic Indifference’ and ‘Park closed, No admittance.’

A city official said Monday the majority of individuals living in Berczy Park had accepted offers of shelter, but that the city planned to issue trespassing notices to those who do not identify any unique needs and continue to be in contravention of the city's bylaws.

The County of Simcoe — which leads housing and homelessness services in Barrie — has been able to make shelter spaces available, city officials have said. It has provided offers of shelter to individuals at Berczy Park, either directly or through its contracted outreach provider. In addition to shelter, the county has arranged for temporary secure storage for personal belongings.

Because of the availability of shelter space, and offers of shelter spaces being extended, 21 notices of action required were issued last week, identifying matters contrary to the city’s bylaws. Those included placing debris on city property contrary to the nuisance bylaw, fouling the land by urinating and defecating, and camping in a public park, contrary to the parks use bylaw.

Last year, an Ontario Superior Court ruling deemed bylaws prohibiting homeless encampments on municipal property unconstitutional if indoor shelter is not available.

The city says it has received many complaints related to homeless encampments in Barrie. There have also been several fires in encampments this year, including two fires this past weekend, one of them at Berczy Park.

When a complaint is received by Barrie’s municipal law enforcement office, or an encampment is discovered while on patrol, the local sheltering and outreach organizations, the County of Simcoe and city police are notified of the matter with a request for attendance to provide shelter and support services that may be available as the initial part of the response.

Berczy Park is located southeast of Wellington Street East. Much of the 2.2-acre park had been occupied by tents, with fire pits and clothing hanging on lines and branches to dry.