Hamilton encampment residents appeal court decision upholding city tent ban

A recent Ontario Superior Court decision backing the City of Hamilton's encampment ban will be appealed, say lawyers representing 14 applicants who've experienced homelessness and evictions from public property.

Hamilton Community Legal Clinic, along with the Community Legal Clinic of York Region, have filed their arguments with the Ontario Court of Appeal, it said in a news release Wednesday.

The legal team maintains the city evicting people from tents in parks between August 2021 and 2023 violated their Charter right to life, liberty and security and were seeking $445,000 in damages. The city's encampment ban was in place until the summer of 2023.

The lawyers have reviewed Justice James Ramsey's 15-page decision from Dec. 23 and "found there to be many areas of profound concern that warrant an appeal and consideration by the Ontario Court of Appeal," said the statement. 

One argument they'd made during the hearing in December was that the city evicted some people from tents overnight, putting them at greater risk as they were unsheltered with no other place to go.

Ramsey accepted the city's claim it only evicted people from tents during the day. 

The city said its legal team is currently reviewing the appeal and won't comment further as its before the courts.

Court decision guides how city responds to homelessness

The legal clinic lawyers said they're looking for the court of appeal to do an "adequate analysis" of their Charter arguments and acknowledge the disproportionate impact on women, people with disabilities and Indigenous peoples.

The appeal is necessary as homelessness increases, shelters continue to operate at or above capacity and encampments are the only place for people to go, said the statement. 

"How we respond to the issue of homeless encampments is a critical step in creating change that supports everyone in our community," the legal team said.

"Court decisions play an important role in that process when they rule on what municipalities can and cannot do to stay within legal and constitutional boundaries to address encampments."

Ramsey had written in his decision that the city should be allowed to find a solution to homelessness without "micro-management by judges." He also described encampments as "lawless, dangerous and unsanitary." 

Since the decision, council has given city staff permission to once again ban tents in parks and other public spaces overnight beginning in March.

The city has also increased the number of shelter beds and has almost completed a temporary outdoor shelter with enough room for 80 people.

The appeal may be heard in the fall of 2025, the legal clinic said.