Equality in City Zoning and By-Laws - Canadian Mental Health ...

City of Winnipeg By-Law sec. 210purpose of by-laws permissible land use conditional use permitTaylor McCaffrey LLP

Important DefinitionsMultiple Family Dwelling FamilyBoarding House/Lodging House/Rooming HouseNeighbourhood Care HomeTaylor McCaffrey LLP

Neighbourhood Care HomeA dwelling used for the boarding or otherresidential accommodation and care ortreatment of more than six but not more thantwelve persons and in which care or treatmentis not provided to any persons not resident in thecare home and that complies with the ProvincialGovernment’s licensing requirements for carehomes.Taylor McCaffrey LLP

Challenges with this definition:require some supervisionnot intensity of care and treatment contemplatedTaylor McCaffrey LLP

Boarding House, Lodging House orRooming Housea building or portion thereof (other than a hotel ormotel) where lodging, or lodging and meals, areprovided for compensation, exclusive of theproprietor and his family, without individualcooking facilities for lodgers, and where care,treatment or supervision is not provided toany personTaylor McCaffrey LLP

Challenges with this Definition….tenants require supervisionconditional use permitvulnerable to opposition by neighbouringcommunityTaylor McCaffrey LLP

Multiple Family DwellingA building containing three (3) or more noncommunicatingdwelling units, each for theexclusive use by one (1) familyTaylor McCaffrey LLP

Familyone (1) person or two (2) or more personsvoluntarily associated, plus any dependents,living together as an independent, self-governingsingle-housekeeping unitTaylor McCaffrey LLP

Challenges with this Definition…..created for an able bodied worldscenarios: 3 friends live together v. 3 individuals live in supportive living situationunable to meet definition of Family voluntary associations independent living decisionsTaylor McCaffrey LLP

Effect…..treated differently due only to disability violation of sec. 15(1)can be applied in interpretation rather thanstriking downpossibility for changeTaylor McCaffrey LLP

Alcoholism Foundation ofManitoba v. City of WinnipegCity of Winnipeg By-Lawgeographic restrictions based on personalcharacteristics2 substantive decisionsviolation of Charter to explicitly draw distinctionon the basis of personal characteristicsTaylor McCaffrey LLP

AFM cont’dnot necessarily impermissible if in effect drawsdistinctions based on personal characteristics justification on basis of sec. 1Taylor McCaffrey LLP

Hadden et al. v. City of Winnipegtenants – low income, mental illness, brain injuryor intellectual disabilityorder to prohibit City from closing residencefailed to reasonably accommodate needs single, low income persons with mental healthissues supportive, safe, decent and secure shelter withinan urban residential communityTaylor McCaffrey LLP

Hadden cont’dchallenged determination was a room house andnot multi-family dwellingissue has not yet come to trialorder means established prima facie caseplausible argument raisedTaylor McCaffrey LLP

Conclusionleft with by-laws which arguably still discriminatein their interpretation, application and effect sec. 15(1)Taylor McCaffrey LLP