Chatham-Kent Council has reconsidered the 100-metre setback for homeless encampments and approved a new 25-metre setback distance from private residential property lines.
The new 25 metre setback was approved by a vote of 10-6. A new bylaw regulating encampments was also approved by a vote of 15-1 after another three-hour discussion and 20 more deputations. This was the third council meeting in a month to address public concern surrounding encampments.
The 25-metre amendment would mean that the encampment at the Public Utilities Commission (PUC) property on Grand Avenue in Chatham will stay and will open up other sites that meet the new setbacks to possible encampments, including the water tower location on Irwin Street in Chatham.
The Thames Grove Conservation Area remains status quo for the public to enjoy and won't be subject to an encampment.
Councillor Rhonda Jubenville made the motion to reconsider the setbacks and amend them.
Jubenville said she would rather not have encampments, but it's against the Charter of Rights.
"Encampments are not the answer. I personally would much rather vote for the overall removal of encampments. I find they're breathing grounds for enablement, but unfortunately, as we heard tonight, we cannot vote this way or we will face a Charter challenge through the Superior court," Jubenville said.
The municipality would have breached the Charter if it kept the 100-metre setback because no sites in Chatham-Kent would meet that encampment criteria. Encampments in public spaces are legal if there aren't enough shelter spaces to house the homeless.
On Monday night, council heard that the municipality has already been warned by some groups of pending lawsuits if it banned encampments.
Councillor Melissa Harrigan seconded Jubenville's motion.
Harrigan anticipates encampments will eventually show up at smaller communities in CK and Jubenville's motion is a path forward to avoid legal and Charter challenges.
"We're talking about Chatham tonight. At any given time, if we don't get this right in terms of setbacks and legislation around protocols, we could be bringing this back because there's no place in other communities where people who are unhoused can stay," noted Harrigan
CK Director of Legal Services Dave Taylor said the municipality must respect all human rights and this approach is better than the previous one.
"This is far better than where we were. I think it does continue to try and reflect and respect those Charter Rights," said Taylor.
The council meeting was testy at times. One deputation announced that she has launched a human rights lawsuit against Reach Out Chatham-Kent (R.O.C.K.) for enabling drug use among encampment dwellers. She said R.O.C.K. needs to focus on full recovery.
Another said there's no incentive for getting campers off drugs.
One woman told council that her grandchildren wouldn't be allowed to visit anymore if the encampment was relocated to the Thames Grove Conservation Area.
Some were concerned about dwindling property values, crime, and drug use, while some questioned what happened to their rights and compassion as park users.
One deputation noted the current plan is failing the community because there aren't many recovery success stories to be told.
A couple of deputations came to the aid of R.O.C.K. One woman said R.O.C.K. helped her when she was addicted to cocaine and fentanyl and didn't enable her.
Another woman, whose son lived at an encampment and overdosed twice, said R.O.C.K.'s outreach was a lifeline for her son and is calling for more detox centres.
Council was also told by another deputation that criticism of R.O.C.K. is narrow-minded because they guide, they don't treat.
A few deputations wanted the PUC encampment relocated to the Chatham Water Tower property, saying the Grand Avenue location has heavier traffic than the tower site on Irwin Street.
Council also approved looking at establishing an addictions treatment facility and supportive housing centre by a vote of 16-1. Council directed administration to consult with multiple groups who have experience with the issue and report back in six months with estimated costs. The municipality would also seek funding from upper levels of government.
Councillor Brock McGregor also made a motion to expand supportive housing in CK. That motion will be discussed at another council meeting.