In December the Ontario Government introduced legislation that would virtually criminalize homelessness and police poverty. In principle, the legislation would enhance policing powers by enabling them to dismantle homeless encampments and disrupt open-air illicit drug use through fines or jail time. While the growth of encampments and open-air drug use is concerning, punitive measures are not a part of the solution, social housing is.

It is no secret that housing unaffordability and homelessness have burgeoned in recent years. As it stands, Canadians are spending more income on mortgages and rent, homeless shelters are stretched beyond capacity, and waitlists for social housing units are extensive.

Indeed, these problems have not gone unnoticed. In fact, governments continually dedicate resources to tackling these problems. As of September 2024, the federal government has committed over $57 billion in funding through the National Housing Strategy (NHS) to create new housing, repair units, and support high-needs individuals. Of this, $1.1 billion was allocated to Ontario through the Affordable Housing Fund (part of the NHS) to build and repair over 56,000 affordable homes. Most recently, the Ontario government committed $75.5 million (in addition to an ongoing $700 million investment) to support homelessness prevention and provide alternative accommodations for people living in encampments. Still, none of this has relieved the bottleneck on homelessness, and Premier Ford’s legislative proposals serves to exacerbate the issue.

There are two glaring problems with the proposed legislation. The first relates to the amendments to the Trespass to Property Act which targets encampments by increasing the scope of offences and penalties for those who continuously trespass and are likely to reoffend. Certainly, encampments reduce public park space and can be problematic when located near children or schools. However, clearing encampments without immediate housing options is cruel given the cold temperatures, overextended states of shelters and social housing in Ontario. It is particularly cruel because the immediate outcome would be forced displacement into alleyways, pushing homelessness out of the public eye. The consequences of this could prove deadly as homeless people are at risk of early death from violent injuries, substance abuse, and preventable diseases.

The second problem lies with the proposed Restricting Public Consumption of Illegal Substances Act, 2024. The Act would allow officers to ticket or arrest individuals who fail to comply with orders to stop using illegal substances in a space or leave. People found guilty could face fines of up to $10,000 or up to six months in prison. Not only would this financially burden and penalize individuals already in destitution, but it would also increase their interactions with the police and courts. This would entrench them in a cycle of poverty and criminality as citations and arrests for low-level offences accumulate.

Simultaneously, the Act would further overtax policing capacities. Consider how in Denver, when a similar law was introduced, police spent more time and resources citing and arresting homeless people. Ontario can expect a similar effect. Howbeit, considering police agencies across Ontario have consistently indicated that they are overextended this would exacerbate that issue. Ultimately, this would bring about calls for more police officers, with funding being pulled from social services. When this becomes the case, it will be the municipalities footing the bill.

Although policy can shape homelessness, this policy is not part of the solution. What is, however, is a deeper commitment to building more social housing. This is because social housing provides wrap-around supports for its tenants, connecting them to services and resources to have successful tenancies and stabilize their lives. It also provides stability and security—something not particularly offered in shelters. The reality is that these people do not just need a place to live, they need long-term mental health support, rehabilitation programs, and financial resources, and guidance. While living near a homeless encampment is undesirable and open-air illicit drug use raises safety concerns, we cannot criminalize our way out of homelessness.