Hamilton encampment residents seek $445K from city over tent ban they say violated Charter rights

A group of Hamilton residents who have experienced homelessness and lived in encampments are taking the city to court over its ban of tents in parks. They argue that their Charter rights were violated by the ban, which was in place between August 2021 and 2023. The hearing began on Monday in the Ontario Superior Court of Justice and is expected to last three days.

The 14 applicants are seeking a total of $445,000 from the city for the encampment ban that forced them out of public spaces. Their lawyers from the Hamilton Community Legal Clinic argued that the repeated evictions from parks violated their right to life, liberty, and security, and that the ban disproportionately impacted women, people with disabilities, and Indigenous people.

Lawyer Wade Poziomka emphasized to the court that the applicants did not choose to live in encampments, but rather did so out of necessity due to the lack of stable, secure, and affordable housing options. The city’s ban resulted in encampment residents being evicted from their tents by bylaw or police officers, day or night, leaving them exposed to the elements and at increased risk of hypothermia, dehydration, and assault.

The city’s ban on encampments in public spaces was lifted last summer when council passed a protocol allowing tents in some areas under certain conditions. However, the applicants argue that the ban caused them harm during the time it was in place.

The applicants have faced a range of challenges while trying to find shelter in Hamilton. One applicant, Darrin Marchand, became homeless after a traumatic experience in a shelter led him to stay in encampments. He was shot in the shoulder while sleeping outside in December 2021.

Another applicant, Kristen Heegsma, a 31-year-old Indigenous woman, was sexually assaulted multiple times while sleeping outside after being forced to leave an encampment. She experienced a lack of privacy, exposure to the elements, and increased despair due to the ban on tents.

Linsley Greaves, a 54-year-old Black man who uses a wheelchair, lost his left leg due to complications from living in encampments and being unable to access proper shelter. He faced discrimination and theft while living on the streets, ultimately leading to the amputation of his leg.

The city denies any Charter breaches between 2021 and 2023 and argues that the ban was necessary to protect public spaces and the community’s health and safety. The city has spent significant resources to support people experiencing homelessness and provide housing options, according to their court documents.

Justice James Ramsey will decide the case in the weeks following the hearing, which highlights the ongoing challenges faced by individuals experiencing homelessness in Hamilton. The stories of the applicants underscore the urgent need for more affordable and accessible housing options to prevent further harm to vulnerable populations in the city.