Kitchener Mayor- Carl Zehr on Radial Separation By-Law

Mayor Carl Zehr of Kitchener

Update: Mayor of Sarnia, Mike Bradley , offered the following comment after reading Mayor Zehr of Kitchener's responses:


"Sad. Sarnia worked with the Dream Team and eliminated the discrimination bylaws two years ago. Either it’s the right thing to do or it’s not."


Here is our interview with Mayor Zehr of Kitchener


1. The City of Kitchener has decided to maintain its radial separation by-law despite cautions from Chief Human Rights Commissioner Barbara Hall, who warned that such policies fly in the face of human rights principles and are discriminatory. Can you share your perspective on this matter and explain why Kitchener has chosen to retain this by law?

Actually - the matter is still the subject of an ongoing legal proceeding with a group calling itself the Dream Team. Nonetheless, the City of Kitchener is working with the Dream Team and the Human Rights Commission to reach an agreeable solution. In addition to participating in a mediation and provincial roundtable on the topic, our Planning Department is undertaking a review of the separation distance regulation.

2. Relatively speaking, was this a tough decision? Did it require a lot of debate and discussion or was council more or less aligned going into it?


Our decisions to work with the Dream Team to date have not been contentious. If and when the City takes action to change its by-law, we will have a better understanding of the issues and concerns.

3. What do you say to those that argue that maintaining the by-law, in effect, results in two classes of citizens?

Firstly, I do not yet know if Council will decide to maintain the By-law in its current form. Secondly, the intentions and reasons behind the provisions were noble in that it was meant that a neighbourhood would be strong, diverse and had broad enough shoulders to accept land uses of this nature, and to avoid a situation where you had entire neighbourhoods of group homes. Thirdly, our approach has not to date created a second class of citizens as no group home has ever been refused, based upon this regulation. Any minor variances for these uses have been granted. I and senior staff are unaware of any circumstance where a group home has been refused to locate somewhere because of this regulation. However, we appreciate the Dream Team's concern and are undertaking a review of the by-law.

4. Do you have any advice to the city of Hamilton, as it grapples with the issue of whether to maintain or terminate its radial separation by-law?

It is not in my place to make any recommendation to Hamilton, however; working together with the Dream Team and Human Rights Commission may be beneficial. More things are revealed in a dialogue then in the words of a legal proceeding, drafted by lawyers who are given the task to present the strongest argument. Sometimes when you drill down you see that there may be items of common interest and that indeed a City may have the same goals as the Human Rights Commission.

5. Are there efforts afoot to align yourselves with the city of Toronto and the city of Smith Falls, to defend against any human rights type challenges to the position your city has taken? Or will Kitchener contend with such matters independently?

To date the City of Kitchener has taken an independent approach.

Thank-you Mr. Mayor for sharing your perspectives on The Hamiltonian


Did you miss what Sarnia Mayor Mike Bradley had to say on this same issue? You can read it by clicking here.