A group of community organizations that work with Toronto’s homeless residents has taken legal action against the city, saying social distancing rules to protect against the spread of COVID-19 have been ignored in shelters

Filed to Ontario Superior Court, the suit was launched by the Advocacy Centre for Tenants Ontario, the Black Legal Action Centre, the HIV & AIDS Legal Clinic Ontario, The Canadian Civil Liberties Association and Aboriginal Legal Services.

The groups allege the city failed to keep beds at shelters two metres apart, which constitutes a breach of the Ontario Human Rights Code. Some shelters were observed still using bunk beds.

“We are deeply concerned that the City continues to operate and oversee shelters that do not adhere to physical distancing standards,” the Black Legal Action Centre said in a statement.

“The City’s conduct has endangered not only homeless people, but also shelter staff, healthcare workers, their families, and the broader community.”

In their application, lawyers also allege the lack of distancing measures is discriminatory because Black and Indigenous people are more likely to stay in shelters.

“Despite the known risk of COVID-19 transmission and spread in shelters, more than 110 diagnosed cases, and the known vulnerabilities of shelter residents, the City continues to authorize those hazardous spacing standards, and continues to implement them through its conduct,” they groups wrote in their application.

Those cases have since risen to 135.

The City of Toronto says it will be responding to the challenge through the “appropriate court channels.”

“Toronto’s Shelter, Support & Housing Administration has worked tirelessly with Toronto Public Health, other City divisions, provincial and federal governments, and the community non-profit sector to rapidly tailor solutions for the city’s most vulnerable,” the city said in a statement Saturday.

Bunk beds are being removed whenever “possible,” the city’s statement said, and that more shelters are enforcing two-metre distances between people.

The statement added that 11 new shelters have been opened and 1,200 hotel rooms reserved during the pandemic, resulting in 492 homeless residents being moved into shelters and 770 being moved into hotels. As well, $1.2 million has been directed toward providing personal protective equipment for organizations serving the homeless, the city said.