A court battle over Hamilton’s encampments is over and the Ontario Superior Court of Justice has ruled in favour of the city.
Between August 2021 and August 2023, the city enforced a bylaw that removed tents and encampments from the city’s public parks.
The lawsuit was brought forward by 12 encampment residents who said their rights through the Charter of Rights and Freedoms were violated by the city enforcing its original bylaw.
In a press release, city manager Marnie Cluckie said, “This ruling reinforces the City’s commitment to balancing the needs of vulnerable residents with the broader community’s right to access safe public spaces.”
Justice James Ramsay, who saw the case in court, said it is up to the municipality to address the encampments in its public parks “without interference.”
In his conclusion, he wrote, “The public is generally sympathetic to the homeless, but it tires of seeing its public spaces appropriated by lawless, unsanitary encampments. There has to be a balance, and the democratic process is best equipped to achieve that balance.”
The city put new rules on encampments in place in 2023, which allow residents to live in the city’s parks. Encampments can cluster in groups of five tents on public property.
Before the protocol began, tents in public parks were removed regularly, which encampment residents and advocates said disrupted the Charter right to life, liberty and security of person.
The Community Legal Clinic of York Region, which represented the encampment residents in court, said it's “disappointed with the decision and are reviewing it carefully.”
Friction between neighbourhoods and encampments
Encampments and the housing crisis have been a top concern for city council in 2024.
This year, residents living near encampments shared concerns about fires, thefts and violence. One man was stabbed while attempting to stop an altercation in Gage Park between encampment residents and Hamilton police have confiscated several weapons from encampments around the city.
“We remain steadfast in our efforts to deliver meaningful support while ensuring that parks and public spaces are welcoming, safe and accessible for all Hamiltonians,” Mayor Andrea Horwath wrote in a statement.
The city has begun construction on a temporary outdoor shelter at Barton Street West and Caroline Street North, in a block that is referred to as Barton-Tiffany.
