Sarnia to evict people camping in Rainbow Park

People camping in Rainbow Park will be evicted, Sarnia city council decided Monday.

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Coun. Bill Dennis called for an eviction date of March 6.

“In light of the extreme temperatures,” he said.

Council voted 7-1 in favor. Coun. Adam Kilner was opposed and Coun. Brian White was absent.

Next steps are amending the city’s existing trespass notice, to reflect council’s decision, said acting city solicitor Randi Kalar.

Legal requirements under the Trespass to Property Act include ensuring the person receives the notice, determining their legal name, and determining how long after notice until they’re evicted, she said.

That’s 48 hours under the city’s encampment protocolshe said.

“There is some discretion for bylaw if some extenuating situation does exist,” she said “But we will proceed to amend the trespass notice and begin issuing those to encampment residents.”

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Council last April voted to remove the encampment in the south city park, pending more information, then backed off nearly a month later after the potential repercussions became apparent.

Previous provincial court rulings in Kingston and Waterloo, and a third-party legal opinion obtained by the City of Sarnia, have said evicting people camping in city parks without “truly accessible” alternatives – accommodating couples, pets, substances, and ensuring safety from violence and sexual predation – amounts to a violation of charter rights to life, liberty and security of person.

HAS Dec. 23 Superior Court decision involving the City of Hamilton clarifies municipalities can, during the day, evict people camping in city parks, though not necessarily at night or approaching night.

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If evictions are done during the day “municipalities do not have to demonstrate available and accessible shelter space,” Kalar said.

Clearing the Rainbow Park encampment is about neighbors’ rights, Dennis said, amid longstanding complaints about violence, drug use and unsanitary conditions.

“It’s just a shame it took so long,” he said.

Dennis also called for clearing other encampments in a “bush area” along London Line. It wasn’t clear Monday if tents were on public property and subject to city encampment protocol rules.

For encampments on private property, owners call police, Kalar said.

She agreed to report back to council in writing about how to proceed with London Line encampments.

The question of where people will go once evicted from Rainbow Park still isn’t solved, said Coun. Chrissy McRoberts, adding she too wants the encampment gone.

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“But we can’t direct them to go anywhere,” she said. “Whose backyard are they going to end up in?”

Key is updating Canada’s lease systemshe said, so people arrested for crimes aren’t released back into the community over and over again.

McRoberts said she counted 10 tents in Rainbow Park Monday, where security and sanitation measures that have cost the city more than $700,000 since June were recently eased.

Council also approved asking Lambton County to consider 24-hour shelter hours.

Currently people staying in emergency shelter beds must vacate during the day.

“What kind of shelter system do we have? How humane is the shelter system, when we have people living in tents in minus 20 to 25 degrees?” asked Coun. Anne Marie Gillis.

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She also read a statement from White, absent after surgery.

White called on the province to take the lead and do more after the city’s attempts to place “Band-Aids on gaping wounds” in a matter beyond municipal jurisdiction.

Sarnia will rely on city police to assist with evictions, Kalar said.

City bylaw enforcement also works closely with the County of Lambton with respect to evictions and determining available shelter space, she said.

“We would certainly coordinate with them to determine what’s available, what’s not available, and how they may be able to assist those residing in encampments.”

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