Ontario’s highest court has reinstated a legal challenge from a group of homeless individuals in Hamilton against the city’s anti-encampment law.
The matter of whether this bylaw is unconstitutional will now be decided by a new judge after the Court of Appeal for Ontario identified issues with a previous ruling that dismissed the case.
The Appeal Court noted that the trial judge’s decision heavily relied on his belief that the city did not conduct overnight encampment evictions, which contradicted what several residents testified.
Today’s decision points out that the trial judge dismissed those testimonies based on stereotypes regarding mental health and addiction issues.
The panel from the Appeal Court also mentioned that on critical legal matters, the trial judge’s reasoning “lacked the depth of analysis that is required” when addressing homeless encampments.
The city has not yet responded to requests for comments.
Jordan Omstead, The Canadian Press
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