Ontario Superior Court Upholds Citys Approach to Encampments

HAMILTON, ON – The Ontario Superior Court of Justice has ruled in favour of the City of Hamilton in the case of Heegsma et al. v. City of Hamilton. The court dismissed the application challenging the City's enforcement of Parks By-laws between August 2021 and August 2023. The City’s enforcement process sought to address the complex issue of homelessness while maintaining public safety and access to community spaces.

The decision confirms that the City acted within its authority and in compliance with the Canadian Charter of Rights and Freedoms. Justice Ramsay determined to leave the complex issue of addressing encampments to the City “without interference.” The court acknowledged the City’s efforts to support individuals experiencing homelessness, including investments in shelter systems, outreach programs, and facilities in public spaces.

“Homelessness is one of the most pressing issues of our time, and today’s decision recognizes the complexity of this challenge,” said Mayor Andrea Horwath. “We remain steadfast in our efforts to deliver meaningful support while ensuring that parks and public spaces are welcoming, safe and accessible for all Hamiltonians.”

“This ruling reinforces the City’s commitment to balancing the needs of vulnerable residents with the broader community’s right to access safe public spaces,” said City Manager Marnie Cluckie. “We will continue to work collaboratively with our community partners to provide essential supports and pursue long-term solutions to address homelessness. Tackling the issue of encampments requires an all-hands-on-deck approach with a clear focus on getting residents into stable housing.”

The City remains focused on compassionate approaches to homelessness, emphasizing collaboration, investment, and advocacy for preventive solutions such as mental health supports, addictions services, and income and affordability measures.

Quick Facts

• Through the Housing Sustainability and Investment Roadmap work, the City is focused on four key pillars: 
• constructing new housing, 
• acquiring at-risk rental properties, 
• preserving existing affordable housing and 
• expanding housing support services. 
• Ontario's Big City Mayors (OBCM) are calling on all levels of government to take immediate action on homelessness, mental health and addictions. The City's Whole of Hamilton Housing Approach supports the OBCM 'Solve the Crisis' campaign.