Thunder Bay’s public spaces are now protected by a new set of rules.
For three years, the city has worked to make its 10-point plan for addressing homeless encampments a reality — and revising its public spaces by-laws is one of the 10 points.
The new rules for public spaces are meant to thread the needle between upholding the rights and dignity of those experiencing homelessness and ensuring that public spaces are safe and accessible to the general public.
These rules include restrictions on the use of propane, limits to what types of shelters can be constructed (they must not be permanent or semi-permanent), bans on dumping waste, damaging property, or using public utilities, and beyond.
While the new by-laws restrict how public spaces can be used, they also outline when and how the city can respond to homeless encampments: for example, the city must give residents of an encampment advance notice before making changes to or tearing down the site.
A draft of the by-law can be viewed on the city website.
The new by-laws are one part of a larger strategy for addressing encampments that has slowly advanced over years, which also includes designating three specific sites in the city as official encampment sites and establishing a temporary shelter village.
City Council voted unanimously in favour of approving the new public space by-laws.
Designating encampments
The whole strategy can be traced back to a 2023 Ontario Court of Justice decision involving the City of Waterloo, where it was ultimately decided that a municipality cannot clear out homeless encampments unless there is somewhere for the affected individuals to go.
Creating a temporary shelter village is the city’s answer to limited shelter spaces in the city: without the shelter village, the city will have no legal authority to clear out encampments or enforce its new by-laws.
Designating official encampment sites, another piece of the city’s 10-point plan, is envisioned as a way to contain the extent of the homelessness crisis.
Until the temporary shelter village is ready, the city will not be able to enforce its new by-laws.
However, the city will still be able to attempt to persuade homeless individuals living in encampments outside of the three designated sites to voluntarily move to the officially designated locations, which will have better infrastructure and services available.
Councillor Mark Bentz spoke in favour of the designated encampments at the meeting.
“Having designated sites helps people. We’ll have services there. I think they’ll actually be attracted to go to these areas rather than let’s say, going into areas that cause more grief for residents in the area,” he argued.
Councillor Giertuga, who was the sole councillor to vote against all three sites in an earlier meeting, suggested designated encampments could prevent the general public from using nearby park space:
“The parks are for our children. Our families. To me, allowing them in parks is tantamount to selling the park. If anyone thinks that the people that use those parks now are going to be using the parks in the same way… you think the people are going to do that when there’s camps there?”
While City Council approved all three of the city’s proposed encampment designations at Current River Park, Freedom Park, and along Simpson Street at a special committee meeting earlier in May, when it came time for final approvals on Tuesday, councillors had more to debate.
Councillor Rajni Agarwal proposed that the city look at a phased approach, despite the city administration’s recommendation that all three sites move forward.
She argued that with the shelter village opening in the summer, there could potentially be enough shelter space with just two encampment sites.
“If need be, we can always open a third down the road, rather than facilitating three immediately,” she proposed.
A new amendment was crafted proposing that all three sites be designated, but only two operate as official sites to begin with: should the two sites together reach 80 per cent capacity, the third will open as well.
Each site is meant to have a capacity of 30 encampment structures, meaning together the two sites would need 48 structures to necessitate opening the third site.
The amendment presents Current River Park, which has the least public support of the three, to be the deferred site.
Not all councillors supported the amendment:
“Taking away washrooms does not make the community safer. Taking away people’s shelter or the ability to shelter safely in a designated area does not make the community safer. Taking away regular outreach services at a designated site does not make the community safer. In fact, I think it increases volatility,” said Councillor Brian Hamilton.
“It’s no wonder that you’re seeing people become disruptive at times,” he added.
Councillor Greg Johnsen also opposed the amendment, arguing council had already built the momentum for designating three sites.
“People want something done, and they’re waiting for us to do something. They may not agree with all that we’re doing — it’s a polarizing topic. But we’ve got one opportunity here, why would we lessen what we’re doing?”
“It doesn’t make much sense to me,” he continued, “because more delays are going to increase more frustration. We’ll be looked upon as not making decisions.”
The city also cautioned that even if Current River Park does not become a designated encampment site, until the temporary shelter village is ready, the city will not be able to compel homeless individuals currently camped at the park to leave.
In the end, City Council voted in favour of Councillor Agarwal’s amendment to begin with two sites, and phase in the third at Current River Park if needed.
Councillors Rajni Agarwal, Albert Aiello, Andrew Foulds, Trevor Giertuga, Dominic Pasqualino, Michael Zussino, and Mayor Ken Boshcoff voted in favour of the amendment.
Councillors Mark Bentz, Brian Hamilton, Greg Johnsen, and Kristen Oliver voted in opposition to the amendment.
City Council then voted individually on each of the three sites for approval, voting in favour of the designations for all three sites.
Current River Park (YES):
Councillors Michael Zussino, Dominic Pasqualino, Kristen Oliver, Greg Johnsen, Brian Hamilton, Mark Bentz, Rajni Agarwal, and Mayor Ken Boshcoff voted in favour of designating the Current River Park site.
Councillors Trevor Giertuga, Andrew Foulds, and Albert Aiello voted in opposition to the Current River designation.
Freedom Park (YES):
Councillors Andrew Foulds, Mark Bentz, Brian Hamilton, Kristen Oliver, Dominic Pasqualino, Greg Johnsen, Albert Aiello, Rajni Agarwal, and Mayor Ken Boshcoff voted in favour of designating the Freedom Park site.
Councillors Trevor Giertuga and Michael Zussino voted in opposition to the Freedom Park designation.
Simpson Street (YES):
Councillors Michael Zussino, Dominic Pasqualino, Kristen Oliver, Brian Hamilton, Andrew Foulds, Mark Bentz, Albert Aiello, Rajni Agarwal, Greg Johnsen, and Mayor Ken Boshcoff voted in favour of designating the Simpson Street site.
Councillor Trevor Giertuga voted in opposition to the Simpson Street designation.
Budget Appropriation (YES):
Council then voted in support of appropriating $208,500 to support the designated encampments to fence off and otherwise protect the sites.
Councillors Rajni Agarwal, Albert Aiello, Mark Bentz, Andrew Foulds, Brian Hamilton, Greg Johnsen, Kristen Oliver, Dominic Pasqualino, Michael Zussino, and Mayor Ken Boshcoff voted in favour of the budget appropriation.
Councillor Trevor Giertuga voted in opposition to the appropriation.
Councillors Kasey Etreni and Shelby Ch’ng were absent from Tuesday’s meeting.
