Kingston's bid to evict encampment residents heads to court Monday

A legal showdown between dozens of people living in an encampment in Kingston, Ont., and city officials seeking to evict them is set to begin Monday.

The city has been trying to remove those living in tents and makeshift shelters since January. Now, despite trespass notices and cleanups, roughly 35 people remain, according to John Done, a lawyer with the Kingston Community Legal Clinic (KCLC).

He's one of two lawyers representing 14 encampment residents who plan to argue Kingston doesn't have enough shelter space for everyone who's homeless. 

"The deficit seems to be over double the number of shelter beds," Done said during an interview with Ontario Morning host Ramraajh Sharvendiran. "If these folks were evicted, they'd have nowhere to go."

The city disputed that claim in a media release in June, announcing its intention to seek a court order to clear the encampment.

It said the city hasn't "forcibly removed anyone," focusing instead on a "peaceful transition" and opening up what it described as "low barrier" shelter options for women, couples and people with pets.

"There is capacity to accommodate individuals remaining in the encampment, but some have declined offers of shelter and support," the release reads, adding that since trespass notices were posted in March, most people have relocated.

Over the past few months, amid city council debates and eviction fears, several encampment residents have told CBC they plan to stay, saying the site in Belle Park offers a sense of community and support.

Site close to supports

Many have said if they're pushed out they'll simply move deeper into the woods, away from the Integrated Care Hub (ICH), which provides food, shelter and Kingston's only supervised injection site.

Done also highlighted the importance of the encampment's location close to nurses and paramedics who can help in the event of an overdose — especially as many living at the park are addicted to fentanyl, which can be "laced with sinister ingredients."

His warning comes as KFL&A Public Health issued an alert last week warning the community about a rise in drug-involved poisonings in the area, describing the spike as a "significant concern."

Done said the majority of people in the encampment depend on the Ontario Disability Support Program, which only covers about half of what they'd need for an apartment.

"These folks, they don't choose to be homeless," he said. "They're homeless because they can't afford the rents in Kingston."

The legal clinic has also taken aim at the city's claim there are enough shelter spaces, stating in a media release that the city's "by-name list" includes 432 people as of March 2023. The list is a real-time count of known homeless people in the city at any given time.

In comparison, a tally of shelter beds based on the city's website prepared by KCLC found a total of just 246 among all shelter and transitional housing types.

Done added options are even more limited during the day, with only two sites offering about 55 spaces.

Shelter capacity legally significant

The question of shelter capacity has taken on new prominence following a Superior Court decision that blocked the Region of Waterloo from carrying out a similar eviction in January.

A judge in that case ruled the region cannot remove people living on the site until it has enough space for everyone who's unhoused. 

Confronted with this issue, Kingston officials including Mayor Bryan Paterson have pointed to the city's recent efforts to create more shelter beds.

The city has also stressed that there have been "serious incidents" at the encampment, which have created health and safety concerns for the people living there and their surrounding neighbours.

A group called Mutual Aid Katarokwi Kingston, which has been a vocal opponent of the eviction, is planning a rally outside the courthouse Monday.

In a media release, the group says the city has hired a Toronto law firm for the case. 

"In other words, rather than spending funds to support the needs of people who are unhoused in Kingston, the City has chosen to hire a law firm to litigate against the needs of people living in the encampment," it reads.

Done said he sees the city's approach as fighting against the homeless rather than working with them.

He suggested working with a mediator to find solutions together would be a better approach than trying to settle the matter in court.

"Homelessness is going to be a reality for the foreseeable future," he said. "The goal has to be harm reduction, harm reduction for the people living there and harm reduction for the rest of the residents in the city of Kingston."