City of Hamilton aims to end tent encampments in parks, says mayor following court win

The day after a judge ruled that Hamilton’s previous encampment ban did not violate Charter rights, Mayor Andrea Horwath announced that the city is determined to eliminate tents in parks. The mayor emphasized that the goal is to achieve this in a compassionate and responsible manner, while ensuring that public spaces are accessible to all residents.

Ontario Superior Court Justice James Ramsey dismissed a Charter challenge filed by 14 individuals who had experienced homelessness and were seeking damages after being evicted from park encampments between August 2021 and 2023. The applicants, represented by the Hamilton Community Legal Clinic, argued that the city’s encampment ban infringed on their right to life, liberty, and security, and disproportionately impacted marginalized groups such as women, people with disabilities, and Indigenous people.

In his decision, Ramsey stated that the city had the authority to maintain parks free of tents in order to protect public health, safety, and the overall wellbeing of residents. He highlighted the importance of ensuring that all individuals, including the homeless, elderly, and children, can use public spaces without encountering hazardous conditions like used needles and human waste.

While the applicants’ lawyer, Sharon Crowe, expressed disappointment with the ruling and stated that they are reviewing it, she acknowledged that it reaffirmed the obligation for municipalities to refrain from clearing encampments overnight or when shelters are at full capacity. This aligns with previous court rulings in Ontario that have emphasized the importance of upholding Charter rights for individuals experiencing homelessness.

Looking ahead, the city of Hamilton is increasing its shelter capacity by 80% this fall and winter, adding a total of 272 beds, including 80 at an outdoor shelter, to accommodate those in need. City officials are also working on a report for council to propose modifications to the current encampment protocol, which includes guidelines for setting up tents in parks at specified distances from certain areas.

While the recent court decision does not immediately change how encampments are managed in the city, Grace Mater, the general manager of healthy and safe communities, assured the public that city staff are actively working on recommendations to address the issue. The ultimate goal is to find a balance between supporting individuals experiencing homelessness and ensuring the safety and accessibility of public spaces for all residents.