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City property considered 'safe space' for encampments amid current legal battle

Legal experts say a superior court judge's 2023 decision against the region has cleared the way for public land to be a safe space for encampments
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Tents and makeshift shelters fill a wooded area near Soper Park

Residents of an encampment near Dundas Street South can breathe a sigh of relief after the city rescinded its notice to evict them from city property this week. 

The legal council representing two encampment residences is claiming a second victory against the City of Cambridge after the city issued an eviction notice to the residences back in late March. 

"This is absolutely a win and shows that the ruling against the region in the superior court is making waves not only here in the region, but all over the province," said Ashely Schuitema, a lawyer with Waterloo Region Community Legal Services (WRCLS). 

Schuitema has not spoken with anyone from the City of Cambridge other than their legal council who has not provided an update on why they rescinded a notice of eviction.

The city has also declined to speak directly about the matter with manager of communications Alison Jones noting that in order to protect the integrity of this "active legal process" they are unable to provide any details at this time.

"Although the plaintiffs may withdraw their motion, the ongoing legal action continues which prevents us from speaking to this further," said Jones in an email to CambridgeToday. 

Schuitema added that the city along with other municipalities across the province like the City of Sarnia, are now recognizing that removing encampments goes against the Charter of Rights and Freedoms.

"Sarnia just released their statement referencing the decision against the region and this judge in our case would have relied heavily on that decision as well and it would be against the resident's rights," she said. 

This move by the city opens up the door for city property to become a safe space for other encampments as the Superior Court of Ontario decision states that removing camps from public land without other housing alternatives is unconstitutional. 

"They haven't provided anyone with anything new that the region did not. We have the same number of shelter beds and housing options available and that is just not enough," said Schuitema.

WRCLS welcomes any collaboration with the City of Cambridge and their bylaw and legal teams to come to an agreement that is rooted in a human rights first approach. 

"We want to work with them and we do thank them for coming at this with the residents' rights in mind," said Schuitema.

Jones did not confirm that the city is willing to work with Schuitema and her team, but said they are looking at ways to address this issue. 

"We know this is a complex issue that is not unique to Cambridge. We are committed to working with the Region of Waterloo and our community partners to explore more effective housing solutions that support the overall health and wellness of our city," Jones wrote. 

The city has agreed to give the camp at least three weeks notice if they decide to issue more eviction notices, but Schuitema doesn't think this will come any time soon. 

"For now they can live knowing they won't be ripped away from their homes and have to move to the next spot, so I would consider this a win," she said.