Impacts of the Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, (2023 ONSC 670)

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The decision

2023-12-13 · Toronto City Council · amended

As filed

City Council on December 13, 14 and 15, 2023, adopted the following: 1. City Council direct the General Manager, Toronto Shelter and Support Services and any other appropriate City Divisions, to consider the Court rulings in the Regional Municipality of Waterloo v. Persons Unknown and City of Kingston's application to Superior Court in November 2023, and the judicial analysis of individuals' rights under Section 7 the Charter of Rights and Freedoms, in the development of the updated Interdepartmental Service Protocol for Homeless People Camping in Public Spaces (IDP), and to report back to Economic and Community Development Committee in the second quarter of 2024 on the updated policy response for the City of Toronto with respect to people living outside, that is accordance with individuals' Charter rights.

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2. City Council direct the appropriate City staff to consult with the Toronto Accessibility Advisory Committee on the issue of meaningful accessibility for persons with disabilities in the City's shelter system at a meeting by the third quarter of 2024. 3. City Council direct that Confidential Attachment 1 to the report (December 5, 2023) from the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege and pertains to potential litigation. Confidential Attachment 1 to the report (December 5, 2023) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and pertains to potential litigation.

On the agenda

As the city filed it

On January 27, 2023, the Ontario Superior Court of Justice released its decision in the Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained (2023 ONSC 670) (the Decision). In the Decision, the Court denied the Region of Waterloo's application for a declaration that the homeless individuals living in an encampment on a municipal property were in breach of one of the Region's by-law. The Court declared

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the by-laws violated section 7 of the Charter of Rights and Freedoms in that it deprives homeless residents of the Encampment of life, liberty and security of the person in a manner not in accordance with the principles of fundamental justice and is not saved by Section 1 of the Charter.

Staff recommended

The City Solicitor recommends that: 1. City Council receive this report for information. 2. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and is in relation to potential litigation.

On the record

The item as the City filed it

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