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

Ontario's highest court has enabled a re-examination of a challenge to Hamilton's anti-encampment bylaw. A panel of appeal judges determined that the lower court unfairly dismissed the testimony of homeless residents by relying on stereotypes. The Ontario Court of Appeal has delegated the constitutionality of the bylaw and the city's enforcement practices to a new trial judge.

The challenge, brought by 14 encampment residents, argued that their evictions and the city's bylaw banning sleeping in parks were unconstitutional. This case is among several in Canada that examine whether a city can clear an encampment when there is no viable alternative shelter and city-run sites are full. The Appeal Court's unanimous decision found the trial judge's rejection of the residents' testimony was heavily influenced by the assumption that their evidence was unreliable due to mental health and addiction issues, which the court deemed perpetuated harmful myths and stereotypes.

The appeal court also found the trial judge improperly excluded relevant evidence and failed to apply the correct legal tests to determine if a breach of the Charter of Rights and Freedoms had occurred. The case will now be re-tried by a different judge. The City of Hamilton stated that they are reviewing the implications of this decision, which does not affect the enforcement of the bylaw.

They remain committed to supporting individuals experiencing homelessness with compassion and care while ensuring public safety.