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COUNCIL: Updated encampment protocol includes Rainbow Park; trespass notices to be issued

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Sarnia City Council virtual meeting, Aug. 12, 2024.

A controversial encampment at Sarnia’s Rainbow Park once again took centre stage when City Council met virtually Monday.

“The encampment, as of last night, has 51 tents,” said resident Sharon Docherty, who spoke as a delegate in the meeting. “There’s an average of one to three people per tent. That’s well above 51 people, and it’s twice the size of Toronto’s largest encampment.”

Docherty and many neighbours say they’re fed up after months of living next to the south Sarnia site, pointing to reports of violence, drug overdoses, sex trafficking, theft, human waste, and mounting garbage, among other concerns.

“I think you as a council and mayor think we are just standing in defiance,” Docherty said on behalf of area neighbours. “That we have no compassion, that we just want it our way, and it is not like that…I can’t walk in my neighbourhood like I used to.

“These people have been hard to house for years, and you intend to make us deal with them for years to come, because you know as well as I do, there is absolutely no hope of getting them to go to shelter,” Docherty continued. “Or of getting any magical housing wraparound or otherwise built, in any decent timeline, to save our mental health, to save our stress levels and our property values.”

Coun. Bill Dennis said he’s been “on the right side of this issue since day one.”

“I don’t care about these people,” he said of the dozens living in Rainbow Park. “They’re not homeless people, these are drug addicts…these people made their choices in life, they made their bed, and now they’re lying in it.”

There’s been a significant rise in encampments in the last five years, particularly since the COVID-19 pandemic. Encampments are now being reported across the country – in both large and small municipalities, as well as in more rural areas, according to the Canadian Human Rights Commission, calling it a national human rights crisis.

“I don’t care about these people. They’re not homeless people, these are drug addicts." - Bill Dennis

There’s also a severe lack of supportive housing that meets the specific needs of people with mental health challenges including active and severe addictions, according to a recent Federal Housing Advocate report

“Alongside a limited supply of detox and rehab programs, there are not enough housing options for people leaving those programs.”

Earlier this summer, city staff drafted an encampment protocol designed to provide clarity and rules around future encampment sites. 

Amid lengthy discussions, council voted Monday to adopt the protocol, with an amendment to add Rainbow Park to the document. It also gives Sarnia Police “express authority, on behalf of the City, to implement the Trespass to Property Act.”

The protocol includes information on reporting and responding to encampments, a list of prohibited areas, health and safety measures, clean-up coordination, guidelines for bylaw officers, on-site supports and outreach response.

“Based on conversations with external legal counsel, the City’s insurance provider, other municipalities, and community members, staff are recommending the revisions be approved by Council and the Protocol implemented immediately,” the document notes.

Councillors Bill Dennis, George Vandenburg and Terry Burrell voted against adopting the protocol.

“I think it’s terribly incomplete and terribly one-sided,” Coun. Burrell said of the document, arguing it doesn’t address the impact on neighbours. Burrell also put forth a successful motion to issue trespass notices to those encamped at Rainbow Park.

Acting city solicitor Randi Kalar told council that the Sarnia Police Service has advised it would not enforce the Trespass to Property Act within Rainbow Park, "as it could lead to a violation of the human rights and charter rights of those living in the park currently."

"If council wants our bylaw team to issue trespass to property notices... it could lead to litigation and the Sarnia Police likely will not help us to clear out that park," Kalar added.

Coun. Chrissy McRoberts stressed that evicting park dwellers isn’t a permanent solution.

“If we remove them…they’re going to come back. We need people to be arrested but have a jail for them to go to; we need people with mental health like schizophrenia, to be in an institution or a hospital room being looked after,” she explained. “And then the people who just can’t cope — they need a chance but they need to be in transitional spaces that teach them how to look after an apartment.”

At a special meeting back in June, council voted to give CAO Chris Carter the authorization to implement temporary measures like lighting, fencing, sanitation and security at the Rainbow Park encampment.

As of July 26, 2024, the expenses related to those measures include: 

  • Security: $30,845.75 
  • Lighting: $11,993.06 (one-time installation expense)  
  • Portable washrooms: $35,219.14 
  • Large-scale site clean up: $6,628.22 
  • Dumpster: $217.50 
  • Fencing: $4,976.48 
  • Police related costs: $33,635.77 (estimated attributable cost due to redeployment of existing resources)

A summary of the staff time involved in any encampment matters and number of visits includes: 

  • Management: approximately 65 hours (including but not limited to contract administration, vendor management, legal services)
  • By-Law Enforcement: 100 hours spent at Rainbow Park, and 60 unique visits (June 15-July 26) 
  • Sarnia Police Service: 219 hours of officer time and 114 responses to Rainbow Park (July 1-24) 
  • Sarnia Fire Rescue: 14 responses to Rainbow Park (June 14 – July 23) 
  • Lambton County Emergency Medical Services: 10 responses to Rainbow Park in June, 11 responses to Rainbow Park in July 

Watch the full meeting here:


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