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Barrie council halts homeless aid bylaw and promises to update language

A city in southern Ontario has halted proposed bylaw amendments that would have prevented the distribution of food, tents and other items to homeless people on public property.

The city of Barrie, about 100 kilometres north of Toronto, was set to vote on the bylaw amendments Wednesday night after heavy criticism from the federal housing advocate. 

However, a statement ahead of the council meeting said the bylaws were intended to get organizations such as the local non-profit Busby Centre to stop handing out food and supplies along Barrie's waterfront, and instead move their outreach to private property — citing years of complaints from residents.

It said the city received a letter from the Busby Centre committing to making the programming changes, and as a result, the bylaw amendments were "no longer necessary" and council voted to refer them back to staff.

The city also said staff will look to modernize some outdated language in the existing bylaws, which prevented people from handing out food and supplies. Councillors said that was far from the original motion's intention.

"If you were part of (previous) councils, you were part of a council that oversaw a bylaw that said individuals couldn't give anything to other individuals in public spaces, and I don't think any of those councillors realized that it was there. I certainly didn't," said Mayor Alex Nuttall.

"It's really important that the referral does go back to our staff and that information or that wording is actually brought up to date, and is no longer reflective of the look or view of the council or the city of Barrie."

Residents and housing advocates packed the council chamber for the brief meeting. Many held up signs with slogans such as "don't criminalize kindness" and "stop encampment evictions now."

Nuttall said the existing bylaw would not be enforced until the wording is updated. 

"There should be zero fear out there that a bylaw officer or a peace officer is going to come and ask you not to give water to someone who needs it," he said, to which the audience responded with applause.

The city passed a motion last month directing staff to investigate and take action on several plans aimed at addressing what it called the "chronic homeless situation" in Barrie. 

The city wrote on its website that part of that motion included proposed changes to bylaws to ban the distribution of food and grocery items in public spaces, and prohibit the use and distribution of tents or tarps on public land, including parks.

"The bylaw provisions only apply to distributing from city property," it wrote. 

"Organizations would be able to continue their food outreach programs on their own property or any property in the community not owned by the city where permission for such distribution to occur has been granted." 

The city had noted that current bylaws already prohibit individuals or corporations from distributing food and supplies on city property, but allow charitable organizations to do so. 

Federal housing advocate Marie-Josée Houle had called on Barrie's council and mayor to vote against those amendments, saying they would create new barriers for vulnerable homeless people.

"These measures would severely restrict access to basic shelter and food for people living in local homeless encampments and, as such, are in direct contravention of international human rights standards," she wrote in a letter published Tuesday, a copy of which was also sent to Ontario Premier Doug Ford.

Houle, who was appointed by the federal government in February 2022 to lead the newly formed Office of the Federal Housing Advocate, had said Barrie's councillors need to meaningfully engage with homeless individuals, community organizations and stakeholders before making decisions that affect them.

She recognized the motion also aimed to address the homelessness crisis by ordering council to appeal for funds from the provincial government to establish "cooling and warming centres as well as the provision of central food distribution away from public parks and other public spaces."

"However, the lack of adequate indoor shelter spaces in the city could result in a dangerous displacement of your most marginalized residents," she wrote.

Barrie is obligated "to respect, protect and fulfill the human rights of encampment residents," Houle wrote. 

The Canadian Alliance to End Homelessness started a campaign Tuesday urging people to send letters to Barrie councillors. As of Wednesday afternoon, more than 22,000 letters had been submitted through their form, the group said. 

A spokesperson for Steve Clark, Ontario's minister of municipal affairs and housing, said Wednesday that Simcoe County, which Barrie is a part of, received more than $21 million this fiscal year to tackle homelessness, up from the over $9.7 million it got last year. 

"We will continue to support our municipal and service manager partners as they work to connect vulnerable Ontarians with the supports they need in an environment that is safe and appropriate for both them and the wider community," Victoria Podbielski wrote in a statement. 

Houle began a review of homeless encampments in Canada earlier this year, calling the situation a human rights crisis fuelled in part by the failure of all levels of government to provide adequate housing.

In December, the Ontario Human Rights Commission said ongoing consultations have revealed that desperate situations – including a lack of affordable housing, economic inequality and gaps in mental health and addiction care – are leading people to live in encampments.

It urged that solutions to homelessness and encampments be grounded in human rights-based approaches, delivered with respect and compassion.

This report by The Canadian Press was first published June 21, 2023.

Fakiha Baig and Tyler Griffin, The Canadian Press


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