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Enforcement options limited

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Staff Sergeant Ryan Hoetmer says dealing with the effects of the homeless population in the community is not simple.

Hoetmer says that the most common complaint regarding homeless individuals is about them sleeping or spending time in business entrances. That was one of the main issues raised by town council in a discussion on September 18. 

Hoetmer says RCMP involvement in removing the individual and charging them with trespassing is a bit tricky, especially in regards to private businesses. 

“The police themselves do not make a determination of whether that homeless individual can be there or not,” says Hoetmer. “That has to be the business that decides that.”

This means that someone from the business has to contact the RCMP to let them know there is an unwanted individual in the vestibule. At that point, police can attend and get the individual moving along.

However, unless the business has served trespass notices on the person causing the issue, the RCMP cannot issue fines for trespassing. 

That is also not as simple as it seems. Hoetmer says that does give the trespass notice has to be willing to pursue the entire process into court as well.

“They’ve got to show up at trial if this individual fights it,” he says. 

Hoetmer says banks, for example, are not typically interested in pursuing this as they all have nationally run security headquarters, so there’s not a lot of interest in them following those steps.

Both the Town and RCMP have met with bank managers and are encouraging them to lock their doors at night to prevent the homeless from using the vestibule as a warming space. 

Due to the lifestyle that comes with homelessness, which often includes mental health issues and addictions, the RCMP do interact with the homeless on a regular basis. 

“We get to know these individuals, but unless they are commiting crime we don’t have a lot of power,” he says.

He says the Town has asked them to have more enforcement on homeless individuals who have been banned or issued trespassing notices. 

“Our job is community safety so if that’s what the community wants to keep the community safe, we’ve agreed to do that,” says Hoetmer. 

However, that means businesses need to start following through with the process on their end. 

In regards to the Civic Centre vestibule, Hoetmer says the Town would need to start looking at trespassing individuals in order for the RCMP to begin issuing tickets.

“That is up to the Town whether they want to trespass these individuals from all Town property,” says Hoetmer.

But even with all of the businesses doing their part and the RCMP able to keep up with the enforcement, there is still more to consider.

“Enforcement has failed these individuals for years. Nobody usually becomes unsheltered without probably having had enforcement intervention for a number of years already, and it hasn’t changed anything.”

Hoetmer says there have been no complaints of physical harm caused to residents by any homeless individuals. “They can be aggressive and make people feel uncomfortable, but we have had no assaults. No reports of any sort of physical violence to anybody.”

In regards to break and enters, Hoetmer says some of the smaller property crimes are being committed by homeless individuals, but they aren’t the only ones.

“There’s other individuals in town that are not homeless that are committing those offences,” says Hoetmer. “The bigger break and enters are being committed by prolific property crime offenders.”

In regards to issuing fines for trespassing, Hoetmer says that also isn’t as simple as many believe. Those who have fines may not be able to pay them. At some point, they can be arrested, but there is no guaranteed timeline for how long the individual will stay behind bars, as they will be released first if room is needed for people convicted of more serious crimes.

In the end, the fines do not get paid.

Hoetmer says he doesn’t want the Town to “hang their hat on enforcement,” because while it can play a role in deterring homeless individuals from becoming a nuisance, it’s not the entire solution. 

“We’re going to have a role,” says Hoetmer. “Our job is keeping the community safe. So, if part of that is needing to enforce, then we will do that.”