Police can’t “arrest our way out of homelessness, addiction or mental health challenges,” Sarnia Police Chief Derek Davis said in a statement issued late Wednesday about the Rainbow Park encampment.
Even if (police are) requested to remove individuals from a location, the act of removal may only amount to relocating a person to the nearest sidewalk, Chief Davis wrote.
“This might alleviate concerns in a specific area for a time, but certainly does not address any of the underlying causation.”
The chief said he sent a letter to city council prior to the May 6 council meeting, indicating Sarnia Police Services (SPS) would not make arrests or physically remove encampment residents in order to enforce (a city bylaw) or to clear the encampment of residents and property (without) a court order authorizing the service to take such action.
Chief Davis said he took that position after consulting with legal counsel.
“There was no blanket refusal to take any specific action, but rather to convey the importance that any such request must be justified in law,” he wrote.
Sarnia Police still have not received any request or strategic direction from the city regarding Rainbow Park, Chief Davis said in his statement Thursday.
“Pending those decisions, this encampment continues to become more established,” he wrote.
“Any police action requiring arrest or the application of force would, based on the totality of the circumstances, need to be both lawful and objectively reasonable,” the statement continued.
“The Sarnia Police will respect the Charter Rights of all Canadians, housed and unhoused.
“We are unable to force Canadian citizens into shelters, addiction treatment, or any other specific destinations outside of voluntary agreement or lawful processes.”
The chief wrapped up his statement by acknowledging the police are only one agency involved in addressing a complex social issue.
The SPS has dedicated additional patrols to the area surrounding Rainbow Park, including the IMPACT team, which refers people experiencing homelessness to social services and shelters.
Chief Davis said he “understands the frustration of these circumstances being experienced by many in our community.”
Officers will “continue their ongoing work to navigate these issues, as our resources, legislation and the law permits,” he added.
Read the full statement below:
