Homeless encampment in Chatham. (Photo by Jaryn Vecchio)
Chatham

Legal issues looming for CK if encampments not allowed, CCLA says

The Canadian Civil Liberties Association (CCLA) is reminding Chatham-Kent's council that they can't just get rid of encampments.

Harini Sivalingam, the Director of Equality Program with the CCLA, spoke to CK News Today about the current situation the municipality finds itself in when dealing with people living in tents.

CK's council is attempting to create an encampment bylaw, however, talks were postponed after changes to the municipality's encampment protocols would have eliminated all potential spots for people to stay.

Sivalingam said this would have been illegal.

"In other words, the courts have found that it's unconstitutional to enforce municipal bylaws that would prevent sheltering overnight when there isn't adequate alternative shelter space," said Sivalingam.

CK currently has 50 transition cabins, which were created to replace the Victoria Park Place Homeless Shelter. As of last week, 38 of the 50 cabins were being used.

While it's not known how many people are living on the streets in CK, municipal officials and community groups have both confirmed that it's well above the number of shelter spaces available.

According to Sivalingam, the municipality could face several lawsuits if they don't allow encampments.

"They would need to seek legal counsel and get advice on the particular circumstances in (Chatham-Kent)," she added.

Council will restart its talks about encampments at its next meeting on August 25, 2025. At the last meeting, CK Mayor Darrin Canniff told reporters he expects some solutions will be brought forward that support those at encampments and people living next to them.

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