Ontario Introduces Sweeping Legislation to Address Homeless Encampments and Public Drug Use

Province pledges $75.5 million for housing solutions while introducing stricter penalties for encampments and public drug use.

Clearing of encampment at Alexandra Park in Toronto, July 20,2021 Photo Courtesy: Chris Young, The Canadian Press

By: Lester Bronzon Catarbas

The Ontario Government has announced new legislation aimed at tackling the rise of homeless encampments and public drug use, promising tougher enforcement measures alongside increased funding for housing solutions. The proposed laws, part of the Safer Municipalities Act, 2024 and the Restricting Public Consumption of Illegal Substances Act, 2024, would expand police and municipal powers while dedicating $75.5 million to homelessness prevention programs.

The announcement follows public safety concerns about encampments, including a recent discovery in Hamilton where police uncovered a network of tunnels in Gage Park allegedly linked to a homeless encampment.

Stronger Enforcement and Community Safety

Premier Doug Ford described the legislation as a response to increasing public frustration with encampments and illegal drug use in parks and other public spaces. “Families deserve to enjoy their local parks and playgrounds without fearing for their kids,” said Ford.

The Safer Municipalities Act proposes amendments to the Trespass to Property Act that would increase penalties for repeat offenders. Meanwhile, the Restricting Public Consumption of Illegal Substances Act would allow police to direct individuals to stop using drugs in public or leave the area. Violators could face fines of up to $10,000 or six months in prison.

“Using illegal drugs in public is unacceptable,” said Solicitor General Michael Kerzner. “Everyone should feel safe when going to a park, riding transit, or walking through their neighbourhoods. Public safety is our top priority.”

Attorney General Doug Downey added, “Encampments are a serious issue in communities across the province. These amendments are one facet of a balanced broader strategy to address this difficult issue and support both communities and those currently living in encampments.”

Hamilton’s Gage Park Tunnels

The province’s proposed strong measures on encampments follows incidents like the recent discovery of man-made tunnels in Hamilton’s Gage Park. During a routine patrol on December 9, Hamilton Police uncovered a network of underground tunnels linked to an encampment. The tunnels, approximately six feet deep, were used to run extension cords and electrical wiring from a concealed generator to multiple tents.

A series of tunnel discovery in Gage Park, Hamilton. Photo Courtesy: Hamilton Police Service

The generator was found hidden in a separate hole and connected to a City of Hamilton light for power. Police arrested a lone male at the scene after a brief foot chase, charging him with several offences, including mischief over $5,000, probation violations, and possession for the purpose of trafficking fentanyl, methamphetamine, and hydromorphone. As of December 13, two people have been arrested in connection to the holes found in the park this week.

In response to safety concerns, authorities fenced off the area, relocated the remaining tents, and are working with the city to repair the damage.

Funding for Housing Solutions and Judicial Reforms

In addition to enforcement, the Ontario government is focusing on housing solutions to provide alternatives for those living in encampments. The province’s $75.5 million investment includes:

  • $5.5 million to expand the Canada-Ontario Housing Benefit, facilitating the transition from shelters to permanent housing.
  • $20 million for temporary shelters, such as modular units and climate-controlled structures.
  • $50 million to accelerate affordable housing projects nearing completion.

“We have heard from the people of Ontario that they want their communities to be safe and clean,” said Paul Calandra, Minister of Municipal Affairs and Housing. “Encampments are a public safety concern and not a solution to homelessness. We are ready to provide more funding for municipalities that show results in winding down these sites and quickly moving people from crisis into safer accommodation and stable, long-term housing.”

The government is also exploring alternatives to incarceration for minor, non-violent drug crimes. Rehabilitation programs are being considered as part of a broader approach to address addiction issues while reducing strain on the justice system.

Moving Forward

As the legislation moves through the Ontario legislature, it highlights the province’s dual focus on public safety and addressing the root of homelessness. Whether these measures effectively balance enforcement with support for vulnerable population will depend on their implementation in the months ahead.

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