Following a swell of public concern regarding homeless encampments and the reported behaviour of some residents, Mayor Cam Guthrie felt compelled to bring back a previously shelved draft bylaw aimed at regulating the use of public spaces.
“I feel as a mayor, I have a responsibility to act when I feel that there is an urgent matter. And I feel that this meets the criteria of urgency and we need to put something like this in place,” he said of the draft bylaw, which council is set to consider during a special meeting on Aug. 28.
“It’s actually the public that is overwhelmingly reaching out to me, stopping me on the street, stopping me out and about across the city, that are being very, very supportive of what is being proposed.”
Among other things, the bylaw seeks to restrict where encampments can be set up on municipally owned lands, as well as separation distances, size limits, the use of building supplies and rules regarding propane cylinders.
“We feel that our bylaw, as proposed, is one of the most permissive bylaws available,” said Guthrie when asked why he believes the bylaw would survive a court challenge when similar bylaws in other communities have been ruled unconstitutional.
“I feel confident that the way and the manner in which the bylaw is being proposed is something that we can hold fast to if an approval comes from city council, because it is not one that is written in a way to ban encampments across the entire city. And in fact, in probably 90 per cent of cases, these encampments would actually be permissible.”
The remaining 10 per cent involves bookable spaces such as sports fields, gazebos and others.
“We want to have some public order and make these spaces available for all citizens and not just a few. And that, to me, strikes a very good balance of a bylaw that's being proposed as mostly permissive than restrictive,” the mayor explained.
Guthrie said there was an increase in public concern raised in July regarding encampment residents throwing garbage at passersby, casually discarded drug paraphernalia, and more.
Those reports started coming in shortly before an encampment was once again set up in St. George’s Square, he said.
“As of today, those flower beds are completely ruined with those six or seven tents that have come there,” he added. “As we are looking to try to have these spaces for everyone to enjoy, we can't also forget that there are people's lives that are also unfortunately being ruined too.”
Guthrie’s latter comment is in relation to ongoing mental health and housing affordability crises being experienced throughout the province. He continues to call on the provincial and federal governments to help address those issues.
The same draft bylaw was introduced to council in February, but it was deferred pending the outcome of an appeal in Kingston after courts ruled a similar bylaw to be unconstitutional.
That deferral was approved 10-3.
In April city staff called off work on the draft bylaw, including public consultation, when the Kingston appeal was dropped.
Given the same draft bylaw wasn’t approved in February, what does Guthrie think of the chances of it being endorsed now?
“I think the public is starting to reach out quite a bit to council as well to say ‘the time has come.’
“It's time for the elected leaders of the city to try their best on the 28th to try to support such a bylaw as proposed.”
