The City of Kingston sought a permanent injunction to dismantle a homeless encampment in Belle Park, citing safety and public use concerns.
Respondents argued the By-Law prohibiting camping violated sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
The court found that the By-Law was unconstitutional insofar as it prohibited homeless individuals from erecting temporary overnight shelter in public parks, as this grossly disproportionately affected their life, liberty, and security of the person.
However, the court did not extend this finding to daytime sheltering due to insufficient evidence.
The City's application for injunctive relief was dismissed because the proposed terms were too broad and did not comply with the ruling.
