LILLEY: Ontario judge’s political ruling on homeless encampments must be appealed

Justice Michael Valente is a prime example of everything that is wrong with our judicial class, making rulings that impact the rest of us while never having to deal with the consequences

An Ontario judge has ruled that a tent city can’t be torn down because shelters don’t allow people to use drugs.

This is the state of our so-called justice system in Ontario, a system where judges go looking for policies to make or break based on their personal political beliefs.

In a ruling handed down Jan. 27, Ontario Superior Court Justice Michael Valente rejected a request for an injunction to dismantle a shantytown in Kitchener because there aren’t enough shelter spaces for drug users or couples. Justice Valente is essentially telling the Regional Municipality of Waterloo that until they have places for people to shoot up and for couples to sleep together, the tent city at 100 Victoria St. N. in Kitchener must stay.

Like most judges who put out ridiculous decisions, Justice Valente won’t have to live with the consequences of his ruling. He doesn’t live anywhere near the encampment; he’s safely ensconced in one of Hamilton’s finest neighbourhoods.

No doubt people setting up tents on the leafy street that surrounds his palatial home would be quickly removed.

The ruling though is part of a disturbing trend, not just the meanderings of a judge who should have been skipped over at appointment time.

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The Region of Waterloo had sought an injunction to clear a collection of tents and other temporary buildings and shelters housing about 50 people.

The region argued the encampment violated local bylaws and should be removed. Assisted by activists, a group of homeless people living in the encampment argued removing them violated their Section 7 rights under the Charter of Rights and Freedoms.

Section 7 of the Charter guarantees the right to, “life, liberty and security of the person.”

It’s quite the stretch to find your way from Section 7 to tent cities can’t be moved, but Justice Valente has been assisted by a number of rulings mainly coming from British Columbia. Those rulings haven’t been adopted into Ontario law, they have not been affirmed by the Supreme Court of Canada, and so they don’t apply in Ontario except for the fact that Justice Valente adopted them fully and completely.

“Although not binding on me, I adopt and follow the decisions of the British Columbia Supreme Court,” Justice Valente said.

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This alone is why the Region of Waterloo, aided by the province and the best lawyers they can find, need to appeal this ruling.

In part of his ruling, Justice Valente cites the case of Sean Simpell, one the inhabitants of the encampment and one of those who challenged shutting down the tent city. Simpell is a former convict who has had a difficult time after leaving prison due to his drug addiction.

“As a drug user, Mr. Simpell found it difficult to be around other people in the shelter who were very judgmental,” Justice Valente writes.

He goes on to describe how Simpell feels no judgment at the encampment.

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Justice Valente doesn’t rule that the Region of Waterloo needs to provide adequate drug treatment options to help addicts kick their habit, he rules that the Region must aide and abet the drug habit.

“If the available spaces are impractical for homeless individuals, either because the shelters do not accommodate couples, are unable to provide required services, impose rules that cannot be followed due to addictions, or cannot accommodate mental or physical disability, they are not low barrier and accessible to the individuals they are meant to serve,” Valente wrote.

Is he a judge dealing with the facts of the case and law before him or a social activist using the bench to impose his will on society? I’d argue the latter, and if that’s the case, then Valente should resign his seat on the bench and seek elected office on a platform of tent cities and heroin for all.

Justice Valente is a prime example of everything that is wrong with our judicial class, making rulings that impact the rest of us while never having to deal with the consequences.

He should be removed from the bench but since that can’t happen, his ridiculous ruling should be appealed.

blilley@postmedia.com