Municipalities like the City of Brampton face significant challenges in addressing homelessness and managing encampments due to limited resources, legislation and the lack of federal or provincial direction in the form of an encampment response plan. Inconsistent court rulings related to the removal of encampments by municipalities has contributed to the lack of clear direction for municipalities that need to respond to growing health and safety concerns. These constraints create gaps in the policy framework, making it difficult for local governments to balance enforcement with the provision of necessary services and supports. (See Attachment 2)
The National Housing Strategy Act (2019) established the right to adequate housing as law. This places responsibility on municipalities to ensure shelter availability before taking action against individuals residing in encampments on public property. Municipalities are often caught between adhering to local by-laws and respecting federal obligations, leading to uncertainty and legal challenges.
Moreover, the Federal Housing Advocate’s report on encampments released in February 2024 called for the establishment of a National Encampment Response Plan. However, no such plan or framework has been developed, leaving municipalities like Brampton without a consistent federal policy to address encampments. The lack of a coordinated response exacerbates the burden on local resources and limits Brampton’s ability to provide humane solutions while enforcing by-laws. One of the Calls to Action in the Federal Housing Advocate’s report is to offer people permanent housing options as rapidly as possible. This includes building more community housing and subsidizing housing. Portable subsidies are paid by the Region of Peel to low-income households to assist with housing costs and can be used to pay rent anywhere in the region.
At the provincial level, the role of law enforcement in managing encampments varies depending on the legal context. Under the Ontario Use of Force Model, Peel Police base their interactions with encampment residents on the perceived level of threat, focusing on de-escalation and connecting residents to support services. This approach changes significantly when encampments are on private property, requiring an escalated response due to trespassing laws. Yet, Peel Police must operate within municipal by-laws and balance enforcement with compassion, often in the absence of clear provincial direction.
The Mental Health Act is another area where limitations impact municipal capacity to address homelessness. It is estimated that 30-35% of people experiencing homelessness and up to 75% of women experiencing homelessness in Brampton struggle with mental illness. Addressing these issues requires a multi-sectoral approach involving health, housing, and social services. Peel Outreach Services, funded and overseen by the Region of Peel and operated by the Canadian Mental Health Association (CMHA), serves as the primary connector to appropriate services. However, privacy-related legislation like the Personal Health Information Protection Act (PHIPA) restricts information sharing among agencies, complicating efforts to provide coordinated care for encampment residents with complex needs.
The Association of Municipalities of Ontario (AMO) has called on the province to establish a Homeless Encampment Guidance Framework to standardize responses across municipalities. Without such a framework, municipalities are left navigating inconsistent court rulings and fragmented policies, further complicating their ability to address encampments in a legally sound and humane manner.
