The following are the divided votes from the November 13, 2024, Hamilton City Council ratification meeting.
Councillors were divided on using the Notwithstanding Clause in response to encampments, provincial regulation of municipal bike lanes, and ‘safe consumption sites.’
Notwithstanding Clause
Motion: That Council formally request that the Province consider any tools available to the Province that would not permit encampments in parks and public spaces, including but not limited to the use of the “notwithstanding clause”.
Defeated 6 – 9
In Favour (of motion):
Ward 6 Councillor Tom Jackson
Ward 7 Councillor Esther Pauls
Ward 8 Councillor John-Paul Danko
Ward 9 Councillor Brad Clark
Ward 10 Councillor Jeff Beattie
Ward 14 Councillor Mike Spadafora
Opposed:
Mayor Andrea Horwath
Ward 1 Councillor Maureen Wilson
Ward 2 Councillor Cameron Kroetsch
Ward 3 Councillor Nrinder Nann
Ward 4 Councillor Tammy Hwang
Ward 11 Councillor Mark Tadeson
Ward 12 Councillor Craig Cassar
Ward 13 Councillor Alex Wilson
Ward 14 Councillor Mike Spadafora
Ward 15 Councillor Ted McMeekin
Expelled earlier in the meeting:
Ward 5 Councillor Matt Francis
NOTE: Francis was expelled after stating those opposing his motion are doing so because they support “Drug Addicts” over taxpayers. In the Chair, Clark asked Francis to apologize four times, he was warned he be expelled. Clark invoked Section 241 of the Municipal Act, expelling Francis to maintain decorum. Spadafora, the original seconder, became the motion and Pauls seconder.
Deferring Debate on Prohibiting Encampments After 192 New Emergency Shelter Spaces Open
City Council had two votes regarding a November 6 committee motion by Ward 7 Councillor Esther Pauls to prohibit encampments in Hamilton upon the opening of the 192 new emergency shelter spaces that Council authorized and funded in September.
At committee, Pauls’ motion was “deferred” to a future committee meeting, expected to occur in early 2025 as a special meeting, on encampment issued. The unfriendly deferral passed 10-3 at committee.
The first vote at Council ratification was to “lift” the defeated motion to allow a vote on it, and the second was to confirm the referral to the expected special meeting.
Motion: A vote on deferring a motion to declare a future ban on encampments upon the opening of 192 new shelter spaces.
Passed 11-5
In Favour:
Mayor Andrea Horwath
Ward 1 Councillor Maureen Wilson
Ward 2 Councillor Cameron Kroetsch
Ward 3 Councillor Nrinder Nann
Ward 4 Councillor Tammy Hwang
Ward 9 Councillor Brad Clark
Ward 10 Councillor Jeff Beattie
Ward 11 Councillor Mark Tadeson
Ward 12 Councillor Craig Cassar
Ward 13 Councillor Alex Wilson
Ward 14 Councillor Mike Spadafora
Ward 15 Councillor Ted McMeekin
Opposed:
Ward 5 Councillor Matt Francis
Ward 6 Councillor Tom Jackson
Ward 7 Councillor Esther Pauls
Ward 8 Councillor John-Paul Danko
Ward 14 Councillor Mike Spadafora
Before the debate on deferring Pauls’ motion could be debated, the item needed to be lifted from the defeated section of the Committee report.
Motion: To ‘lift’ the Council GIC decision from Wednesday November 6 to defer Councillor Esther Pauls’ motion to ban encampments.
Passed 15-1
In Favour:
Mayor Andrea Horwath
Ward 1 Councillor Maureen Wilson
Ward 2 Councillor Cameron Kroetsch
Ward 3 Councillor Nrinder Nann
Ward 4 Councillor Tammy Hwang
Ward 5 Councillor Matt Francis
Ward 6 Councillor Tom Jackson
Ward 7 Councillor Esther Pauls
Ward 8 Councillor John-Paul Danko
Ward 9 Councillor Brad Clark
Ward 10 Councillor Jeff Beattie
Ward 11 Councillor Mark Tadeson
Ward 12 Councillor Craig Cassar
Ward 14 Councillor Mike Spadafora
Ward 15 Councillor Ted McMeekin
Opposed:
Ward 13 Councillor Alex Wilson
Endorsing Region of Waterloo Resolution to Asking Province to Keep ‘Safe Consumption Sites’ Open
At Public Health Committee, councillors voted 10-5 to endorse the Regional Council of Waterloo resolution, calling for the Province to reverse its plan to close ‘safe consumption sites’ in March 2025.
Motion: That the correspondence from the Regional Municipality of Waterloo requesting support for their resolution respecting the Closure of Safe Consumption Sites, be endorsed.
Passed 10-6
In Favour:
Mayor Andrea Horwath
Ward 1 Councillor Maureen Wilson
Ward 2 Councillor Cameron Kroetsch
Ward 3 Councillor Nrinder Nann
Ward 4 Councillor Tammy Hwang
Ward 9 Councillor Brad Clark
Ward 11 Councillor Mark Tadeson
Ward 12 Councillor Craig Cassar
Ward 13 Councillor Alex Wilson
Ward 15 Councillor Ted McMeekin
Opposed:
Ward 5 Councillor Matt Francis
Ward 6 Councillor Tom Jackson
Ward 7 Councillor Esther Pauls
Ward 8 Councillor John-Paul Danko
Ward 10 Councillor Jeff Beattie
Ward 14 Councillor Mike Spadafora
Opposing Provincial Regulation of Municipal Bike Lanes
Motion: That Hamilton City Council formally oppose any proposed provincial initiative that seeks to restrict or limit the autonomy of municipalities in implementing road safety measures, including the establishment and or removal of bike lanes or bike infrastructure; That Hamilton City Council supports the empowerment of municipal road authorities to independently assess and recommend the best methods to ensure the safety of all road users within their jurisdictions and responsibilities.
Passed 10 – 6
In Favour:
Mayor Andrea Horwath
Ward 1 Councillor Maureen Wilson
Ward 2 Councillor Cameron Kroetsch
Ward 3 Councillor Nrinder Nann
Ward 4 Councillor Tammy Hwang
Ward 8 Councillor John-Paul Danko
Ward 11 Councillor Mark Tadeson
Ward 12 Councillor Craig Cassar
Ward 13 Councillor Alex Wilson
Ward 15 Councillor Ted McMeekin
Opposed:
Ward 5 Councillor Matt Francis
Ward 6 Councillor Tom Jackson
Ward 7 Councillor Esther Pauls
Ward 9 Councillor Brad Clark
Ward 10 Councillor Jeff Beattie
Ward 14 Councillor Mike Spadafora
Referral Motion: to delay debate on the Notwithstanding Clause as a Response to Encampments
After a round of debate on Francis’ motion that the City of Hamilton ask Premier Doug Ford to pass legislation using the Notwithstanding Clause, Danko moved to end the debate without voting on the main motion. Instead, he wanted to refer voting on the Notwithstanding Clause to an expected special council meeting on encampments in early 2025.
Motion: That Council refer the Francis motion to ask the provincial government to pass legislation using the Notwithstanding Clause to suspend the Section 7 Charter of Rights and Freedoms rights of those living in encampments on public lands. That a special council committee meeting be scheduled on the issue when council debates other encampment matters early in 2025.
Fails 4 – 11
In Favour:
Ward 1 Councillor Maureen Wilson
Ward 8 Councillor John-Paul Danko
Ward 9 Councillor Brad Clark
Ward 11 Councillor Mark Tadeson
Opposed:
Mayor Andrea Horwath
Ward 2 Councillor Cameron Kroetsch
Ward 3 Councillor Nrinder Nann
Ward 4 Councillor Tammy Hwang
Ward 6 Councillor Tom Jackson
Ward 7 Councillor Esther Pauls
Ward 10 Councillor Jeff Beattie
Ward 12 Councillor Craig Cassar
Ward 13 Councillor Alex Wilson
Ward 14 Councillor Mike Spadafora
Ward 15 Councillor Ted McMeekin
Expelled earlier in the meeting:
Ward 5 Councillor Matt Francis
Production Details v. 1.0.0 Published: November 14, 2024 Last updated: November 14, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version