Court decision won’t immediately change how city deals with encampments but officials are looking to change rules next year.
Legal team who filed Charter challenge on behalf of 14 unhoused residents say they’re disappointed by ruling
Samantha Beattie · CBC News
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The day after a judge ruled Hamilton’s previous encampment ban wasn’t infringing on Charter rights, the mayor says the city is looking to put an end to tents in parks.
“What’s clear about what our city is doing is trying to get to a place where we no longer have tents in parks,” said Mayor Andrea Horwath at a news conference Tuesday.
“That’s exactly what we’re trying to achieve in a compassionate way, a responsible way, but in a way that makes those spaces available to all.”
Ontario Superior Court Justice James Ramsey dismissed the Charter challenge 14 applicants had filed against the city.
The applicants, who’ve all experienced homelessness, were seeking a total of $445,000 in damages when they were evicted from park encampments between August 2021 and 2023.
Their lawyers, on behalf of the Hamilton Community Legal Clinic, argued the city’s encampment ban — in place until last summer — violated their right to life, liberty and security, and was discriminatory as women, people with disabilities and Indigenous people were disproportionately impacted.
But Ramsey ruled on Monday the city was in its right to keep parks free of tents to uphold public health and safety and social and economic wellbeing of all residents.
“I observe that the most vulnerable includes not only the homeless but also the elderly person and the child who want to use a sidewalk or a city park without tiptoeing through used needles and human faeces,” he wrote in his decision.
Ramsey also determined people hadn’t been evicted from encampments overnight, only during the day, which helped the city’s case.
Applicants reviewing decision
The applicants’ lawyer Sharon Crowe said in a statement they’re disappointed with the decision and currently reviewing it.
The decision, however, reaffirms it is against the Charter for municipalities to clear encampments overnight or when shelters are full — similar to two previous Ontario court rulings, Crowe said.
“Municipalities must continue to comply with their Charter obligations, which are now beyond doubt,” she said.
This fall and winter, the city is expanding its shelter capacity by 80 per cent, Grace Mater, general manager of healthy and safe communities, told reporters. The city is in the process of adding 272 beds, including 80 at an outdoor shelter, bringing the total to 612.
City staff are working on a report for council about what changes can be made to the current encampment protocol, which allows tents in parks if they’re set distances away from playgrounds, schools and private property, among other stipulations.
“While this [court] decision does not result in immediate changes to how encampments are managed across the city, I want to assure you our staff are working diligently on a set of recommendations,” Mater said.
ABOUT THE AUTHOR
Samantha Beattie is a reporter for CBC Hamilton. She has also worked for CBC Toronto and as a Senior Reporter at HuffPost Canada. Before that, she dived into local politics as a Toronto Star reporter covering city hall.
