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

A new provincial law that aims to clear encampments from public spaces does not address the root causes behind homelessness and punishes people who have no access to affordable shelter, critics say. 

The Safer Municipalities Act, which passed last Tuesday in the Ontario legislature, gives municipalities and police "enhanced tools they need to end encampments and clean up our parks and public spaces," according to a provincial news release from April. 

But the Association of Municipalities of Ontario (AMO), which represents all 444 municipalities in the province, says the law does not provide longer-term, permanent solutions for homelessness — an issue municipalities across the province have described as a top concern in recent years. 

"It doesn't really focus at all on the root causes of homelessness ... the lack of deeply affordable housing, the lack of mental health and addictions services at the levels that we need them, as well as some of these basic issues around income support," said Lindsay Jones, the AMO's director of policy and government relations. 

Under the legislation, the province will spend $50 million to help create 1,239 additional housing units, and $20 million to create 971 additional shelter and temporary accommodation spaces. 

It will also put $5.5 million toward the Canada-Ontario Housing Benefit to "immediately free-up emergency shelter spaces for people living in encampments" by helping around 1,000 people living in shelters move into longer-term housing, the news release said. 

While Jones called the spending encouraging, she said its "a drop in the bucket" compared to the nearly $2 billion the AMO estimates is needed to end encampments in Ontario.

More than 80,000 people in Ontario were homeless last year, according to an AMO report. The association previously found there were about 1,400 encampments across the province in 2023.

CBC Toronto has reached out to the province for comment. 

Jones said the Safer Municipalities Act is particularly focused on enforcement. The law strengthens penalties for people who "deliberately and continually break the law by adding the new aggravating factors of continuous trespassing and the likelihood to reoffend," the provincial news release said. 

People convicted of a trespass offence may face a fine of up to $10,000, according to the bill. 

The legislation also allows police officers to issue a ticket or arrest people who do not comply with an order to stop using illegal substances in public and to leave the public place. 

People found guilty of violating the legislation may face fines of up to $10,000 or up to six months in prison. The province will explore "judicial approaches" that provide rehabilitation as an alternative to jail time for minor or non-violent drug crimes, the provincial news release said. 

When Ontario Premier Doug Ford first introduced the Safer Municipalities Act in December, he said encampments "are taking over public spaces, with illegal drug use happening out in the open, creating huge safety risks for people and communities."