Hand out trespass notices at Rainbow Park camp: Sarnia council

An updated homeless encampment protocol was approved Monday by Sarnia city council, which also moved to apply it to a long-standing camp at Rainbow Park and to issue trespass notices to those living there.

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Coun. Terry Burrell called for the trespass notices to be issued to give the city “a record of everyone who is breaching” city’s rules against camping in parks, although the city’s acting solicitor Randi Kalar warned it could lead to litigation.

“We have received correspondence from the Sarnia police advising that they would not enforce the Trespass to Property Act within Rainbow Park because it could lead to a violation of the human rights and charter rights of those living in the park currently,” Kalar said.

Having the city’s bylaw enforcement staff issue trespass notices could also lead to litigation and “Sarnia police likely will not help us to clear out that park,” she said.

“We can certainly notify them that they are breaking our parks by law,” Kalar said about residents of the encampment. “However, a notice to vacate may lead to litigation.”

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Sarnia has unused emergency shelter spaces, but recent court rulings in Waterloo and Kingston, and a third-party legal opinion obtained by the city, say such beds aren’t enough to justify removing people from public parks, in violation of charter rights to life , liberty and security of person.

Truly accessible shelter spaces — allowing couples to stay together, people to bring in pets or drugs, and ensuring safety from violence and sexual predation — are needed.

After Monday’s meeting, city spokesperson Steve Henschel said by email, “while we will provide notices of trespass, in line with council’s direction, the existing charter challenges, related to enforcing any potential removal of those residing at an established encampment, remain.”

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City council originally approved a protocol in July and approved an updated version Monday.

It prevents encampments in Cantara Park, Centennial Park, Germain Park, all city-owned waterfront and beaches, the Howard Watson Nature Trail and Mike Weir Park.

City police have said they will “enforce and react at all other city-owned parks where there is not an entrenched and established encampment currently,” Kalar said.

At other city-owned properties, the protocol prevents camps within:

• 100 meters from pools, playgrounds, or residential properties
• 10 meters from other private property
• Five meters of bus stops, highways, construction zones, sidewalks, roads and paths.

It also outlines safety measures for camps, including no open fires or other illegal activities, and no large amounts of garbage.

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“I want these safety measures in the encampment we already have,” Coun. Anne Marie Gillis said while calling for an amendment that was adopted by council to have the protocol apply to Rainbow Park, where a camp has been located since early in the year.

Coun. Chrissy McRoberts said she believes the city should focus on finding “one or two locations” that would move the camp away from residential areas.

“Just pick the spots and get them relocated and give these poor folks in the south end a break,” she said.

Coun. Adam Kilner said he would want the city to “explore” seeking to have Lambton County pay part of the costs at the Rainbow camp.

The city recently reported temporary security and sanitation measures at Rainbow Park, in response to the homeless camp, cost $90,000 during about a month.

The report also notes policing-related costs of about $34,000 during that time, related to redeploying officers because of the camp.

With files from Tyler Kula

[email protected]

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