Ontario city begins clearing encampments from public property after changing rules

The City of Hamilton says it has cleared more than a dozen encampments from public property as of this week under a municipal bylaw, following the council’s repeal of a protocol that had permitted them.

In 2023, the city approved an encampment protocol that allowed outdoor shelters as long as they followed specific location guidelines — such as distance requirements from some community facilities — and did not have a cluster of more than five tents.

The protocol was part of the city’s effort to manage encampments while supporting homeless people and committing to permanent housing solutions, as rates of homelessness rose in Hamilton and across the province.

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The protocol was rescinded effective March 6 after a council vote in January, and municipal law enforcement officers and Hamilton police have now begun enforcing a city bylaw that prohibits camping in city parks.

In a social media post Thursday, the city said that 16 encampments had been cleared from public property, and crews are “actively cleaning impacted areas” across the city.

The council motion in January had cited an Ontario Superior Court ruling last December that dismissed an application from 14 people who argued their Charter rights had been violated after they were evicted from encampments on Hamilton public property.

The Hamilton Community Legal Clinic is representing the group and said in a press release Wednesday that it is appealing the decision with the Court of Appeal for Ontario.

The clinic has said it is hopeful the appeal will be heard this fall.

Hamilton’s move to clear encampments comes after Premier Doug Ford said in December that he planned to pass a law requiring encampments in public spaces to be cleared, and introduce stronger trespass laws and fines.

A bill his Progressive Conservative government introduced in December did not pass before the provincial parliament was dissolved for a provincial election. The legislature is expected to reconvene in mid-April, at which point the bill could be reintroduced.