Emblematic of the City’s failure to protect individuals experiencing homelessness
Recently, 14 applicants, each of whom have been experiencing homelessness during the COVID-19 pandemic, filed a lawsuit against the City of Toronto (Black et al v City of Toronto, 2020, ONSC 6398). One of the applicants, Mr. Cullen, was forced to use his Canadian Emergency Relief Benefit (CERB) to pay for hotels during this time. His employment was terminated because of lockdown. He had called the Central Intake number for a bed, but all of the shelters were full.
Although Mr. Cullen was offered and had accepted a hotel room in Markham by the Streets to Homes program, the program did not follow-up on the offer. It was after this failed attempt to secure shelter that he began living in Nathan Phillips Square. “Sleeping rough” like this carries significant risks; it often leaves individuals experiencing homelessness vulnerable to violence and police harassment. Until proper housing can be provided during the pandemic, encampments provide a sense of community, security, and safety to those experiencing homelessness.
Unfortunately, City park officials and the police have regularly evicted residents from parks and encampments, under the authority of the City’s Municipal Code. These evictions are in part what prompted the lawsuit against the City of Toronto. The applicants wanted the court to provide an interim injunction, which would stop City officials from taking further steps to evict and remove encampment residents from City parks.
Similar to Mr. Cullen, many people experiencing homelessness face adversity through discrimination, personal disabilities, mental health issues, poverty, substance use, among many other factors. During a pandemic where employment is scarce, resources are bare, and hygiene and social distancing are critical in preventing the spread of disease, the lack of available shelter space and the City’s decision to displace encampment residents shows a lack of regard for the safety and wellbeing of individuals experiencing homelessness.
It should be noted that even when shelter is available, it is often inadequate. The City had established standards to ensure that shelters followed appropriate social distancing measures during COVID-19 and that the bed capacity was increased to account for the number of people experiencing homelessness. However, these measures have been relatively unsuccessful, which has made many feel that shelters are unsafe during the pandemic.
Furthermore, some of the shelter spaces available display a clear lack of regard for the dignity of the individuals they purport to serve. The Better Living Centre is a key part of the City of Toronto’s winter services plan, with a capacity of over 100 beds available. The Centre opened on November 2, 2020 and almost immediately drew sharp criticism for its layout, where it consisted of individual ‘pods’ separated by glass partitions.
Several commentators on Twitter were quick to point out that the Centre looks like a prison, criticizing the City for the Centre’s utter lack of privacy. Others spoke to the dehumanizing protocols that homeless people entering the Centre were subjected to. As Lorraine Lam, a homelessness advocate wrote, “People were expected to pack everything today, without choice of warning. There is a two-bag limit. Upon arrival, residents were mandated to take showers; there was no hot water.”
This parallel between the Centre and the prison system is not out of place with the City’s rhetoric surrounding homelessness. For instance, during the hearing for Black et al v City of Toronto, the City of Toronto noted that “hundreds” of 311 calls have been complaints from residents who are seemingly afraid of the parks because of the perceived criminality of encampment residents. The City seemed to rely on the narrative that encampment residents pose a risk to surrounding communities as a way to justify evictions.
Some public commentary on the Centre reflects another common attitude towards homelessness; that people should be grateful for whatever they get, and are not in a position to voice criticism. As one commentator wrote in response to an article about the Centre, “it’s free, an[d] better than freezing outside on the ground.” These comments fail to consider the realities of the shelter system; the inadequate number of beds, the lack of compliance with COVID-19 health and safety measures, or the dehumanizing treatment residents may be subject to.
Considering the Centre’s design and comments praising it reveals a deep-seeded contempt for homeless people’s rights. It also misidentifies the nature of encampments. The National Protocol for Homeless Encampments in Canada identified that encampments are both “human rights violations of those who are forced to rely on them for their homes, as well as human rights claims.” Encampments should signal that the City’s approaches to homelessness, including the Better Living Centre, are inadequate to address the needs, rights, and dignity of the people they are meant to serve.
Editor’s note: this piece was originally produced as a deliverable project for the Osgoode Environmental Justice and Sustainability Clinic.