Application and cross-application concerning a municipal site-specific by-law aimed at clearing a longstanding homeless encampment to facilitate a transit hub project.
The court held that the by-law infringed s. 7 because closing the only lawful sheltering site of last resort in a region with grossly insufficient accessible indoor shelter exposed chronically homeless persons to serious risks to life, liberty, and security of the person in a manner grossly disproportionate to the by-law’s objective.
The court further held that the by-law infringed s. 15 by disproportionately burdening homeless persons who were women, gender-diverse, disabled, and Indigenous, and also recognized homelessness itself as an analogous ground under s. 15.
The infringements were not saved under s. 1, the bad-faith challenge under s. 273 of the Municipal Act failed, and the court declared the by-laws of no force and effect, restrained enforcement, and retained jurisdiction for further directions if a lawful alternative tenting protocol or site is implemented.
