Margaret Capes
Legal Education Coordinator, Community Law School (Sarnia-Lambton, ON)
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Margaret Capes grew up on the farm she still lives on in St. Clair Township being a 3rd generation steward of the land. Both sides of her family were pioneers in Sombra and Moore Townships including several generations of mariners on the Great Lakes.
She received her undergraduate degree from Huron College at the University of Western Ontario in history and political science in 1984. |
After attending the University of Ottawa Law School, she received her LL.B. in 1987 and was called to the Bar in Ontario in 1989. She received a Master of Adult Education degree from St. Francis Xavier University in 2005.
Prior to her retirement from 30 years as a legal aid lawyer in May, 2018, she taught at Western Law, acted as Counsel at Western’s student legal aid clinic and its mediation centre, coordinated and taught in the Law Society of Upper Canada Bar Admission course (London Site), and served as Staff Lawyer/Executive Director at Community Legal Assistance Sarnia.
Margaret currently teaches at Lambton College and the Community Law School (Sarnia- Lambton) Inc. with a focus on social justice issues and social welfare laws. She is also currently the Co-Director of the Deerhaven Centre for Social Justice, a public policy centre which focuses on social welfare issues. |
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More from this conversation: |
- Educational Outreach The importance of educating the unhoused about their legal rights and the positive impact of this knowledge on their lives.
- Building Trust and Addressing Relational Poverty The crucial role of building personal relationships and trust with the unhoused, which Capes terms as combating "relational poverty."
- Legal Advocacy and Systemic Challenges The need for legal advocacy to ensure compliance with decisions protecting the rights of the unhoused, and the systemic issues in providing adequate, accessible shelter options.
With the ever escalating housing crisis, a growing number of people are confronting the harsh realities of homelessness on a daily basis. Despite concerted efforts, community services and shelter spaces are struggling to keep pace with the surging demand, leaving many without access to even these temporary solutions due to their limited capacity.
Faced with this stark reality, individuals are compelled to forge their own paths to survival, resulting in an increasing presence of makeshift shelters and tents, as residents seek safety and refuge from the often unforgiving elements.
As we grapple with the pressing need for both short-term and long-term solutions to address the root causes of homelessness, the current plight of those living outdoors remains in a state of uncertainty. What do we know about the complexities concerning the root causes and approaches to homelessness and encampments? What responses and measures can we enact to deal with the basic needs, care, and well-being of these people? What other approaches to this issue, and what steps are other municipalities taking to assist those dealing with homelessness and living in encampments?
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Rights, Relationships, and Resilience
Margaret Capes, representing the Community Law School, focuses on their work with the unhoused population in Sarnia Lambton. Over the past 18 months, they have concentrated on reaching out to people living in encampments and woodlots. Their primary mission is to educate these individuals about their legal rights, particularly under the Charter of Rights and Freedoms and the Ontario Human Rights Code. This is achieved through community walks and the distribution of outreach kits containing legal information.
Capes highlights the general lack of awareness among the unhoused about their rights and emphasizes the value of their outreach efforts in improving this understanding. Their approach is heavily reliant on building one-on-one relationships and trust, which she refers to as addressing "relational poverty."
A key aspect of their work involves collaboration with local organizations like the Salvation Army. Capes discusses a recent incident where the tents of unhoused people were removed behind a library in their community, bringing her to question the adherence to legal decisions like the Waterloo decision, which prevents the removal of tents if sufficient shelter spaces are not available. |
Moreover, Capes mentions their use of a poster developed by the Pivot Legal Society in British Columbia, which informs police and others about court decisions protecting the rights of the unhoused. This initiative has sparked conversations with police officers about these rights and has led to advocacy for better police education on this issue.
Lastly, Capes addresses the challenges faced by those who cannot access traditional shelters due to various barriers, emphasizing the necessity of low-barrier shelters and criticizing the policy of moving unhoused people repeatedly, which contributes to their instability.
Lastly, Capes addresses the challenges faced by those who cannot access traditional shelters due to various barriers, emphasizing the necessity of low-barrier shelters and criticizing the policy of moving unhoused people repeatedly, which contributes to their instability.