The day after a decide dominated Hamilton’s earlier encampment ban wasn’t infringing on Constitution rights, the mayor says town is trying to put an finish to tents in parks.
“What’s clear about what our metropolis is doing is making an attempt to get to a spot the place we not have tents in parks,” stated Mayor Andrea Horwath at a information convention Tuesday.
“That is precisely what we’re making an attempt to realize in a compassionate manner, a accountable manner, however in a manner that makes these areas accessible to all.”
Ontario Superior Court docket Justice James Ramsey dismissed the Constitution problem 14 candidates had filed towards town.
The candidates, who’ve all skilled homelessness, have been in search of a complete of $445,000 in damages after they have been evicted from park encampments between August 2021 and 2023.
Their legal professionals, on behalf of the Hamilton Group Authorized Clinic, argued town’s encampment ban — in place till final summer time — violated their proper to life, liberty and safety, and was discriminatory as ladies, folks with disabilities and Indigenous folks have been disproportionately impacted.
Hamilton Mayor Andrea Horwath and basic supervisor Grace Mater held a information convention on Tuesday, after a decide dominated within the metropolis’s favour over its dealing with of encampments. (Samantha Beattie/CBC)
However Ramsey dominated on Monday town was in its proper to maintain parks freed from tents to uphold public well being and security and social and financial wellbeing of all residents.
“I observe that essentially the most susceptible consists of not solely the homeless but additionally the aged individual and the kid who need to use a sidewalk or a metropolis park with out tiptoeing by means of used needles and human faeces,” he wrote in his determination.
Ramsey additionally decided folks hadn’t been evicted from encampments in a single day, solely through the day, which helped town’s case.
Candidates reviewing determination
The candidates’ lawyer Sharon Crowe stated in an announcement they’re upset with the choice and presently reviewing it.
The choice, nonetheless, reaffirms it’s towards the Constitution for municipalities to clear encampments in a single day or when shelters are full — much like two earlier Ontario courtroom rulings, Crowe stated.
“Municipalities should proceed to adjust to their Constitution obligations, which at the moment are past doubt,” she stated.
This fall and winter, town is increasing its shelter capability by 80 per cent, Grace Mater, basic supervisor of wholesome and secure communities, advised reporters. The town is within the means of including 272 beds, together with 80 at an out of doors shelter, bringing the whole to 612.
Metropolis employees are engaged on a report for council about what adjustments might be made to the present encampment protocol, which permits tents in parks in the event that they’re set distances away from playgrounds, faculties and personal property, amongst different stipulations.
“Whereas this [court] determination doesn’t lead to instant adjustments to how encampments are managed throughout town, I need to guarantee you our employees are working diligently on a set of suggestions,” Mater stated.
