The day after a judge ruled that Hamilton's previous encampment ban did not violate charter rights, the mayor said the city is looking to end the tents in parks.
“It's clear what our city is doing where we don't have tents in the parks,” Mayor Andrea Horvath said at a news conference Tuesday.
“We're trying to achieve that in a kind way, in a responsible way, but in a way that makes those spaces available to everyone.”
Ontario Superior Court Judge James Ramsey dismissed a charter challenge filed against the city by 14 applicants.
The applicants, who have all experienced homelessness, were seeking a total of $445,000 in compensation when they were evicted from park camps between August 2021 and 2023.
Their lawyers, on behalf of the Hamilton Community Legal Clinic, argued the city's ban on encampments — until last summer — violated their rights to life, liberty and security, and was discriminatory because women, people with disabilities and indigenous people were disproportionately affected.
But Ramsey ruled Monday that the city was within its rights to keep the parks free of tents to maintain public health and safety and the social and economic well-being of all residents.
“I find that those most at risk include not only the homeless, but also the elderly and children who want to use a sidewalk or a city park without littering with used needles and human feces,” he wrote in his ruling.
Ramsey also determined that people were not evicted from the camp overnight, only during the day, which helped the city's case.
Applicants reviewing decisions
Sharon Crowe, a lawyer for the applicants, said in a statement that they are disappointed by the decision and are currently reviewing it.
However, the decision confirms that it is against the Charter for municipalities to evacuate overnight encampments or shelters when they are full — similar to two previous Ontario court decisions, Crowe said.
“Municipalities must continue to comply with their charter obligations, which are now beyond doubt,” she said.
This summer and winter, the city is expanding its shelter capacity by 80 percent, Grace Matter, general manager of Healthy and Safe Communities, told reporters. The city is in the process of adding 272 beds, including 80 in outdoor shelters, bringing the total to 612.
City staff is working on a report for the council on what changes could be made to the current encampment protocol, which allows tents in parks if they are away from playgrounds, schools and private property, among other conditions.
“While this (court) decision will not make immediate changes to how encampments are managed across the city, I want to assure you that our staff is working diligently on this set of recommendations,” Mater said.
