Hamilton council bans encampments in 7 parks nearest new shelter beds

Hamilton city council has voted to ban encampments from seven green spaces in Ward 3, just east of downtown, once 123 new shelter beds open up in the area in the coming weeks.

On Wednesday, councillors gave final approval to the motion that was proposed at last week's general issues committee meeting. It will remove the following parks and green spaces from the city's encampment protocol once the shelter beds are ready:

• J.C. Beemer Park/Tweedsmuir Park.
• Bishop's Park.
• Claremont Access Parkettes. 
• 298 Hunter St. E. (a green space west of Claremont Access). 
• Carter Park.
• Myrtle Park. 
• Rail Trail, between the extension of Wellington Street South and Sherman Avenue South.

The encampment protocol, adopted in 2023, is a set of rules dictating where people can live outside. 

Ward 3 Coun. Nrinder Nann put forward the seven-park ban last week in an effort to ease the impact of the new shelter beds on the area, which will house the majority of the 192 total new beds coming to the lower city. 

Ward 6 Coun. Tom Jackson, who missed last week's discussion at committee, said Wednesday he's hopeful some of those living in parks will move to the new shelter spaces.

"At the end of the day, [the ban is] predicated on the shelter beds being open up and running," he noted. "We're talking about less than 30 homeless who hopefully will find their way to the new shelter beds."

Last week, the committee voted 10-2 in favour of the ban, with Councillors Cameron Kroetsch (Ward 2) and Alex Wilson (Ward 13) voting against. City council ratified the committee vote on Wednesday, formally adopting the motion.

Kroetsch said at committee it would be premature to make changes before seeing the outcome of the new shelter beds.

"I think we need more time before we make a decision like this that would have a severe impact on people," he said.

Concerns about 'declaring all parks non-compliant'

The ban follows another council decision to prohibit encampments within one kilometre of an outdoor shelter site destined for a swath of vacant land at Barton and Tiffany streets in Ward 2. That means encampments will no longer be allowed at Bayfront Park and other nearby waterfront sites.

Ward 7 Coun. Esther Pauls told council Wednesday that she'd like to extend the ban throughout the city and end the protocol for good, now that council has committed to so many new shelter beds. She put forward a notice of motion Wednesday that would "prohibit encampments in all City of Hamilton parks, once the sanctioned site [at Barton and Tiffany] is available." 

"I have a lady who is very upset because it's less than 30 feet from her fence," Pauls said, describing resident complaints about encampments. "She could literally hear them and know what they are doing. She was just beside herself."

Nann pointed out that council is awaiting a staff report about "sunsetting the encampment protocol," suggesting an appropriate time to discuss this issue would be when councillors receive that report.

The city's general manager of healthy and safe communities, Grace Mater, confirmed Wednesday it is expected in the first few months of 2025.

Pauls, however, appeared unwilling to wait until next year. After issuing her notice of motion, she said it will come before the general issues committee. Its next meeting is scheduled for Nov. 6.

"What is stopping us from declaring all parks non-compliant?" she said.

The city is in the midst of court proceedings with encampment supporters that remain unresolved, something that has tied councillors' hands on the matter, noted Ward 8's John-Paul Danko.

"All of this is happening in the context of a legal challenge… that is holding our parks hostage," he said.