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The court dismissed the City's application for an injunction to clear a homeless encampment, finding the by-law prohibiting overnight camping unconstitutional under section 7 of the Charter.
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.
Appeal allowed; SBT erred by misapprehending evidence and using discriminatory reasoning regarding substance use disorder.
The appellant appealed a Social Benefits Tribunal (SBT) decision denying him income support under the Ontario Disability Support Program Act.
The appellant argued the SBT erred in law by ignoring evidence of his mental health impairments, engaging in discriminatory reasoning regarding his substance use disorder, and failing to apply the 'whole person' test.
The Divisional Court allowed the appeal, finding the SBT misapprehended the appellant's testimony, made contradictory findings, and improperly blamed the appellant for his inability to comply with treatment due to his disabilities.
The matter was remitted to a differently constituted panel of the SBT for a new hearing.
