Encampment advocates say city won't discuss a settlement to avoid a long court battle

A group of local doctors and lawyers say they're willing to drop a court injunction stopping the city from dismantling homeless encampments if the two sides can reach a settlement.

But so far, they say, the city seems like it would rather fight the matter out in court.

Keeping Six, Hamsmart, the Hamilton Community Legal Clinic and Ross and McBride LLP got a court injunction this summer to prevent the city from dismantling encampments downtown, saying it's better for the health and well-being of street-involved residents if the encampments stay put. City council voted 9-3 to fight that in court.

The group says it's written to the city wanting a settlement, but the city won't talk.

"I am surprised by the position the City of Hamilton has taken that it will not enter into settlement dialogue," lawyer Wade Poziomka said in an email to the city's lawyer earlier this month.

"This extreme position is unreasonable given that there are two groups (my clients and the City of Hamilton) who want to protect vulnerable Hamiltonians and provide the support necessary for health and safety. If we have a common objective, I am not sure why the City of Hamilton would be unwilling to discuss how we get there."

It's not unusual for people to be living in tents in Hamilton, but it's become increasingly visible during the COVID-19 pandemic. There are more than 50 tents pitched downtown. A new city report, which city council's general issues committee will discuss Wednesday, says there are 11 known encampments.

The largest and most visible encampments are at FirstOntario Centre, where the city set up a temporary shelter, and on Ferguson Avenue North outside the Wesley Day Centre.

Hamsmart (the Hamilton Social Medicine Response Team) and Keeping Six asked the city in the spring to stop tearing down encampments. They pointed to Centre for Disease Control guidelines, which say encampments help prevent the spread of COVID-19.

Council has received letters from both sides of the issue. Some residents urge the city to listen to the doctors, and others saying encampments bring increased crime and intimidate neighbourhoods. 

Poziomka's email says with the right agreement, the group would to remove the injunction. His group envisions a renewed effort to move people sleeping rough into temporary housing.

"The ultimate goal would be the elimination of the large and growing encampments within the City of Hamilton," he wrote.

"We do not view litigation as the preferred route."

What the city has been doing

City officials have said they've been trying to get tent dwellers into shelters and housing.

Some encampment residents have moved into hotels, while others have moved into affordable housing, Paul Johnson has told councillors. Johnson is general manager of healthy and safe communities, and used to work at Wesley Urban Ministries.

Various city departments have been part of an encampment task force since 2018, Johnson's Wednesday report says.

The city partners with Hamilton Police Service on the Social Navigator Program, which links people who are street involved with resources, the report says. 

The city and Keeping Six also participate in a weekly community call where "no 'politics' or discussion of the injunction occurs," the report says. "This has provided a mechanism to disseminate information to clients on housing options available" or "shelter/hotel spaces [is] available instead of encampments."

Whitehead threatens more legal action

The divisiveness of the issue has gone public on Twitter. Dr. Jill Wiwcharuk, who works with Hamsmart, posted an email she got from Coun. Terry Whitehead (Ward 14, west Mountain) that threatened legal action. 

"I will be asking our lawyers if you and your team can be held liable for any deaths that result from your actions," he told Wiwcharuk.

"It's disheartening as a physician who has worked with people experiencing homelessness in Hamilton for over 10 years that my request to mediate instead of litigate with city council is met with the threat of legal action by a councillor," she said.

Whitehead tweeted confirmation that he'd written the email in light of Hamsmart handing out donated tents. 

"My notice to Dr. Jill was a courtesy that I will be posing the question to our lawyers."