‘They made it illegal to be homeless’: City council abruptly scraps Hamilton encampment pact

The city plans to resume enforcing its urban camping rules after scrapping an agreement with Hamilton street outreach workers designed to look out for people sleeping in tents amid the COVID-19 pandemic.

The protocol - which spells out a 14-day allowance to pitch tents in parks, a cap of five per group and considerations for mental health - will give way to regular enforcement in three weeks.

Council's decision after a private session Monday evening came as bad news for Gord Smyth, who has been sleeping outside since he lost his housing in mid-June.

They're making it even more difficult for us to be able to survive until such time as housing is found," Smyth, 54, said Tuesday from his Central Park encampment off Bay Street North. They made it illegal to be homeless."

But Coun. Jason Farr says the decision to end the protocol comes amid increasingly inhumane and unsafe conditions" for people sleeping rough in the city.

Our focus and our primary objective in outreach is to do what we do, probably better than any community in Canada, which is find safer, more humane accommodations."

In a news release, the city noted it had helped 440 homeless people and families find permanent housing between January 2020 and June 2021.

Farr said the city's legal team set up the last-minute emergency meeting to give council an update based on recent communications" relating to the encampment agreement, but noted he couldn't share details.

The city is spending more time trying to co-ordinate" various staff to follow the protocol and spending thousands on massive cleanups," he said.

The downtown councillor has long voiced frustration over tents in his ward and echoed concerns from constituents about debris, overdoses, violence, fires and an early-morning explosion.

Coun. Chad Collins said a recent shooting around Centennial Parkway North was sparked by a fight in an encampment, calling it one episode among many stemming from people sleeping rough.

It's pretty sensational that those things have occurred," the Stoney Creek councillor said, also noting discarded needles, vandalism and confrontations in parks.

But Coun. John-Paul Danko said the protocol should remain in place and disagreements about its effectiveness should be hashed out with the city's partners.

I thought it is a bit of an extreme step for the city to just unilaterally revoke the protocol," said Danko, who sided with Maureen Wilson as dissenters in council's 10-2 vote.

Members of a coalition of doctors, street outreach workers and lawyers that forged the protocol in October 2020 noted shock over the abrupt move after no public discussion.

It's bewilderment why the city would choose not to follow a protocol that I think we had all agreed was a best practice to help those who are the most marginalized," said Wade Poziomka, a lawyer with Ross & McBride LLP.

In the summer of 2020, Poziomka and lawyers with the Hamilton Community Legal Clinic secured a court-ordered injunction that prevented the city from moving people from encampments, including a large cluster on Ferguson Avenue North, against their will.

The legal struggle ended with the protocol, which, in addition to stipulations for length of stay and geographical restrictions, detailed a process to assess people's acuity," which can depend on mental health.

In a joint statement Tuesday, Keeping Six, a small harm-reduction group, and the Hamilton Social Medicine Response Team, said they were floored" by council's sudden decision" to abandon their legally negotiated obligations" under the agreement.

The protocol has bought encampment residents precious time, allowing them to connect to services and to find some measure of stability. In some instances it has permitted people to stay in one spot for extended periods of time. It has made explicit what should be an obvious fact: moving people when there is no viable option for housing serves no benefit and causes significant harm."

It has helped front-line workers do their jobs and stay connected to the people that they serve," while encampment residents have also noted the benefit of remaining in one spot with some of the threat of constant eviction being removed."

Edward John, the city's housing director, described the protocol as integral" in allowing staff to address large and entrenched" encampments, but noted limitations.

As we have been applying the protocol over the past few months, we've encountered increasing challenges as a result of the need for housing staff to co-ordinate various partners and contractors on response efforts," John said in an emailed statement.

But staff remain committed to their core role of engaging and connecting unsheltered individuals to housing and available services."

Hamilton's shelter system - which has been expanded during the pandemic - has roughly 455 spaces. Factoring in COVID-19 outbreaks, which have limited admissions at some locations, there are about 15 spaces available, John said.

Housing services has estimated there are more than 20 encampment sites throughout the city, not including those on private property.

Smyth, who survives on a disability pension and uses a mobility device, says he has moved five times since losing his apartment amid the owner's redevelopment plans.

Members of the Hamilton Encampment Support Network recently formed a human barrier around his space in Central Park, expecting authorities to arrive.

It was difficult for me to begin with," noted Smyth, who says he won't stay in shelters due to anxiety, security concerns and restrictive hours.

Now, with regular enforcement returning in three weeks, his outlook looks even dimmer. If we can find a place to hide where nobody will find us, we may have a chance at surviving this."

Teviah Moro is a Hamilton-based reporter at The Spectator. Reach him via email: tmoro@thespec.com