Ontario Bill Targets Encampments with Stricter Trespass and Drug Penalties

Ontario Government Introduces Bill to Tackle Homeless Encampments and Public Drug Use

Premier Doug Ford’s government has unveiled new legislation aimed at providing municipalities and police with enhanced legal tools to dismantle homeless encampments and address public drug use through fines or imprisonment.

Announcing the bill on Thursday—the last day before the legislature’s winter break—Ford emphasized the urgency of the issue.
“These encampments are taking over public spaces, with illegal drug use happening out in the open, creating huge safety risks for people and communities,” he said. “Enough is enough, this has to stop and it will stop.”

Key Measures in the Legislation:

1. Amendments to the Trespass to Property Act
   The bill proposes two amendments to empower courts to consider repeat offences and the likelihood of reoffending as aggravating factors during sentencing. Attorney General Doug Downey clarified that existing penalties under the act would remain unchanged.
2. Public Drug Use Penalties
   The legislation introduces fines of up to $10,000 or up to six months in jail for using illegal drugs in public spaces. Provincial offences officers and police will be authorized to issue tickets or make arrests for such violations.
   “Those using illicit drugs in parks will be treated appropriately, but enforcement decisions will be left to police and courts,” Ford explained.
3. Rehabilitation Options
   The government is exploring rehabilitation as an alternative to incarceration for non-violent or minor drug offences but ruled out involuntary treatment at this stage.

Addressing Homelessness

Ford also announced an additional $75.5 million in funding for homelessness prevention programs. The breakdown includes:

• $50 million for affordable housing initiatives.
• $20 million to expand shelter capacity.
• $5.5 million to enhance the Canada-Ontario Housing Benefit, aimed at freeing up emergency shelter spaces.

This funding supplements the nearly $700 million the province spends annually on homelessness prevention and a recently announced $378 million to establish 19 homelessness and addiction recovery hubs. These hubs will include up to 375 supportive housing units and replace 10 drug-consumption sites slated for closure in the spring.

Rising Encampments and Criticism

Homelessness and encampments have surged during Ford’s tenure, with approximately 1,400 encampments recorded across Ontario in 2023. Toronto alone reports 12,000 people in its shelter system, which is already operating at capacity.

Opposition parties have criticized Ford’s government for failing to expand affordable housing and adequately support municipalities in addressing shelter shortages.

Ford has previously stated he would invoke the controversial notwithstanding clause, overriding the Canadian Charter of Rights and Freedoms, if courts challenge municipalities’ use of these new provisions.

This legislation represents the government’s latest effort to balance public safety concerns with addressing the broader issues of homelessness and addiction.