Kingston plans to seek court order to clear encampment at Belle Park

The City of Kingston says it plans to seek a court order to evict the people living at an encampment in Belle Park.

A news release issued Thursday said the move comes at the direction of city council and after trespass orders were issued back in March.

"There is capacity to accommodate individuals remaining in the encampment, but some have declined offers of shelter and support," the release said. "The city is seeking guidance from the court to address this situation."

In an email to CBC, a spokesperson for the city said the timing of its application will be determined once it's filed in court "in the coming weeks."

The city said its legal team has been in contact with the Kingston Community Legal Clinic, which is representing several encampment residents, and has told them of its plans to seek a court order.

The clinic's executive director, John Done, said he wasn't yet in a position to respond to questions about the city's announcement.

The tents and other makeshift shelters in the woods near the Integrated Care Hub were initially supposed to be removed in January, but council voted to push that to the spring.

Despite the trespass notices, some of those living in the encampment indicated they planned to stay, saying proximity to the hub and supervised injection site provides them with support and a sense of community.

Advocate described evictions as 'dangerous'

Justine McIsaac, the co-ordinator for Consumption Treatment Services, previously said evictions would push people deeper into the woods, not closer to housing.

"It's just dangerous and we're literally putting people's lives at risk by forcing this eviction," she said in January.

The city described its approach to the encampment as focused on a "peaceful transition" rather than forcibly removing people.

Still, Ruth Noordegraaf, the city's director of housing and social services, said a court injunction would give officials that ability.

"Ultimately, that will give us that power. We don't obviously want that as the ultimate outcome, we would rather have people actually finding other solutions," she said.

"It absolutely is that balancing act of what is the best solution for everybody in our community."

The city said officials have "strongly encouraged" people to move to newly created low-barrier shelter spaces that are available for women-only, couples and people with pets.

Encampment residents can also access supports including free transportation and storage for belongings, it added.

Most of the people living left the Belle Park encampment after the trespass notices went up, according to the news release.

'We are a different community'

A Superior Court decision blocked the Region of Waterloo from carrying out a similar eviction in January stating it didn't have enough shelter capacity. This has raised questions about whether other cities could proceed with evictions at all.

Noordegraaf said the ruling opened up a conversation about the systemic issues behind housing and poverty, but she believes the circumstances in Kingston are different.

"We are a different community, we have a different situation," she said. "We have been looking at providing as many different solutions as possible."

Some of those living and working at the hub have suggested the city's shelters aren't truly low-barrier as people don't have access to substances there and anyone found using could be kicked out.

Council declared a mental health and addictions crisis earlier this year and the city said it is committed to addressing homelessness, though safety for all residents is the top priority.

The news release also stated there have been "serious incidents occurring at the encampment" that pose health and safety concerns.