Ontario’s top court paves way to reopen challenge of Hamilton’s anti-encampment law

Ontario’s highest court has reinstated a constitutional challenge to Hamilton’s anti-encampment bylaw, brought forth by homeless individuals in the city. The Court of Appeal for Ontario identified issues with a lower court’s decision to reject the challenge. Specifically, the Appeal Court contended that the judge in the initial case placed undue emphasis on the assertion that the city failed to evict overnight encampments, a claim contradicted by several residents' testimonies.

Today’s ruling further criticized the trial judge for not thoroughly analyzing the legal aspects of the case, particularly those concerning homeless encampments. The city has not yet commented on the decision.