City of Hamilton, applicants ‘open’ to resolving Hamilton encampment court challenge

A human rights-based court challenge against the city over its approach to homeless encampments in Hamilton is moving ahead.

Lawyers took part in a case management call with Justice James Ramsay last week.

Next is deciding over the next two months what evidence will be used in the main hearing, notes Sharon Crowe, co-counsel on the team mounting the challenge.

As always, the applicants remain open to a resolution that is in everyone's interests - individuals who are houseless, the city, and ultimately taxpayers," Crowe wrote via email.

Lawyers with the Hamilton Community Legal Clinic, as well as law firms Haki Chambers Global and Ross & McBride are also behind the challenge.

The city, meanwhile, also says it's open to a resolution" and will continue to engage in dialogue with the applicants to resolve the litigation in the best interests" of residents.

The court challenge deals with the enforcement of bylaws that bar people from living in tents in parks and other public spaces.

We are in an affordable-housing crisis," said Crowe, now with the York Region legal clinic but is still on the local case.

Shelters are full and often inaccessible to the people who need them most. In those circumstances, continuously evicting people from encampments is a violation of their Charter rights."

This winter, city staff have said about 45 people are living outside, but numbers have fluctuated to around 100 depending on the time of year.

Tents in parks have sparked considerable debate, including over stepped-up law enforcement to clear encampments, which remains a point of contention among city councillors.

Last week, the Region of Waterloo decided not to appeal a judge's ruling in January that found evicting people from an encampment in Kitchener would violate their rights.

That decision is due to complex economic, personal, and social circumstances, including the shortage of accessible shelter spaces" in the area, Justice Michael Valente wrote.

In a news release, the region said it would instead focus on supporting those experiencing homelessness" and noted accelerating new affordable-housing units are key priorities."

Federal housing advocate Marie-Josee Houle has announced a review of encampments in Canada that is to lead to recommendations to the federal minister responsible for housing.

Teviah Moro is a reporter at The Spectator. tmoro@thespec.com