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Legal action in the cards after Cambridge encampment evictions

Legal experts warn the region and City of Cambridge could face pricey legal action over encampment evictions
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Heavy machinery break down what used to be homes and shelters on CPCK Rail property

Thousands of taxpayers dollars were spent evicting encampments in Cambridge over the past two months. 

The City of Cambridge says it spent of $11,000 just in contractors alone to manually remove and clean up tents and garbage during last week's Soper Park eviction.

But advocates for the unhoused say that number is a drop in the bucket as the actual cost is much higher and has the potential to continue growing should legal action be brought against the city. 

"The amount of money being spent in contractors, bylaw enforcement and social workers is going to be more than we will ever fully know," said Laura Pin, University of Laurier professor and unhoused policy expert. 

Pin, having served as an expert witness for a prior legal case between the Region of Waterloo and residents of the Victoria Street encampment in Kitchener, thinks these evictions are a direct violation of that judge's decision to bar the region from removing the camps, calling it a violation of human rights. 

"People are going to continue to camp on public land so the best question is what are we going to do about this," she asked. 

The constant eviction cycle currently in place, where people set up tents, are evicted, move to another site and repeat is only going to cost taxpayers more money in the end, she says. 

Pin suggested looking at municipalities like Hamilton and Peterborough which have bylaws in place that grants individuals permission to set up camp on regional or city property. 

"I really want to underline that there are no perfect examples right now," added Pin. "But we need to move away from 24 or 48 hour evictions and start coming with the approach of compassion and service first, something the region claims to be doing." 

In an emailed statement to CambridgeToday, Peter Sweeney, commissioner of community services said regional staff continue to work with all partners to come up with adequate solutions for the unsheltered population.

Sweeney said that the policy would look different in Waterloo region due to the multi-tiered government, something that Hamilton does not have. 

Cambridge regional councillor Doug Craig shot down the idea of a bylaw that would grant permission to let individuals camp on public property. 

"When you have sanctioned camping spots, all you're doing is sanctioning homelessness," Craig said. "Because what we really need is supportive and affordable housing."

Craig notes that the closure of the 150 Main St. camp was done gradually and there was no eviction notice posted, giving the residents time to find other shelter or move somewhere else. 

Legal experts who are working closely with residents who feel like they were pushed out of 150 Main and then subsequently evicted from Soper Park are debating taking legal action against the City of Cambridge and the Region of Waterloo. 

"Some of these people were evicted three times in a matter of two months," said Ashley Schuitema, staff lawyer at Waterloo Region Community Legal Services(WRCLS). "These evictions from both the region and the city are unconstitutional and go against their charter of rights and freedoms." 

Schuitema confirms that WRCLS has not been retained by any of the residents, but there is a strong case against the two levels of government. 

Having already been a part of the first legal battle against the region, Schuitema would like to see the region and the city take guidance from the decision already in place.

"They need to stop taking these leaps and illegal eviction actions, because what it results in is us having to go back to court and wasting way more resources, and we're very likely going to get a very similar decision," she added. 

The cost of hiring staff and contractors to remove shelters and tents during evictions, police to oversee the process and the countless hours of regional social workers to help move the residents to a new camp will all fall on the shoulders of the taxpayer, said Schuitema. 

The additional cost of hiring legal services and paying out any monetary disciplinary actions from the court will also weigh heavily on the budget of the region and city. 

"We're talking about 30 to 40 individuals that would require retribution should the judge see fit. This would not be cheap," 

Criag doesn't think they have a leg to stand on in a case against the region, because there were no legal notices or evictions carried out at 150 Main St.

"It happened quite naturally to be honest," added Craig. "No one was told they had to leave. People moved on and the camp started to depreciate in numbers." 

Schuitema and Pin do not see the closure of 150 Main as voluntary or in the best interest of the residents. 

"It would be nice if they would just realize that what they're doing is unconstitutional, but I don't know if that's the reality," said Schuitema. "I think they're gonna keep doing it while they're getting away with it and until something new comes from the court. Maybe they're gonna have to reconsider."

Campers have moved from Soper Park and Pin is just waiting to get a call that they have been moved again. She said this cycle will continue to happen until there is solid policy to change this archaic process. 

Schuitema also calls on the public to think about the totality of the situation before trying to get an encampment evicted. 

"These people do not have anywhere else to go," she said. "Even if you don't like encampments, the municipalities are taking these illegal actions and potentially risking litigation and the costs and fees associated with all that. That's coming from the taxpayers money; this isn't the solution."