Mayor Alex Nuttall cites public safety and “lawlessness” as tents proliferate

THUNDER BAY — The City of Barrie has declared a State of Emergency to address the growth of homeless encampments, with Mayor Alex Nuttall announcing the move on September 9, 2025 and vowing enforcement alongside offers of services.

“Barrie residents have had enough… If you refuse that help you cannot stay in these encampments. Our city will not allow lawlessness to take over our community,” Nuttall said. City of Barrie

City officials say the decision follows escalating health, safety and environmental risks and recent violent incidents tied to an encampment near Anne, John and Victoria Streets. Simcoe County has pledged support as the city proceeds.

What Barrie says it will do

Barrie’s emergency notice frames a coordinated action to curb encampments while directing people to available services and shelter options. Local reporting indicates the declaration is intended to speed up site clearances where risks are high and to tighten compliance with municipal bylaws.

The legal landscape: Ontario courts are split on scope

Ontario case law remains in flux:

• Waterloo (2023 ONSC 670): A Superior Court judge found that when adequate and accessible shelter space is not available, bylaws that outright prevent people from sheltering themselves can violate Charter s.7 rights.

• Hamilton (Heegsma v. City of Hamilton, 2024 ONSC 7154): A later ruling upheld Hamilton’s daytime enforcement approach and declined to extend Charter protections to daytime or indefinite encampments; an appeal is underway.

Practically, that means municipalities must balance public-space management with proof of shelter availability and accessibility if they want to withstand legal scrutiny. Barrie’s declaration will likely be tested against this evolving standard.

Why this matters for Thunder Bay

Thunder Bay is pursuing its own path through an Enhanced Encampment Response—a 10-part plan that includes a managed Temporary Shelter Village proposal as a safer alternative to unmanaged tenting.

Council has recently debated, and rejected, motions to set “allowable encampment” criteria, while City staff have warned the City cannot compel people to move without appropriate alternatives.

Takeaways for Northwestern Ontario:

• Documentation matters: Any enforcement must be paired with real, accessible shelter options and clear records of availability.

• Risk-based response: Prioritize sites with acute safety or environmental risks, coordinate with health and outreach partners, and communicate timelines and supports.

• Regional coordination: Counties and DSSABs can play a stabilizing role in triage and capacity (as Simcoe County indicated in Barrie).

What’s next in Barrie

Barrie’s emergency declaration signals faster escalations at high-risk sites and requests for intergovernmental support. Local authorities have tied the move to recent serious crimes connected to an encampment; critics and legal advocates will be watching how the city aligns enforcement with shelter capacity and rights.