In its first meeting since Ontario Superior Court Justice James Ramsey upheld the City of Hamilton’s park bylaw, Hamilton City Council is scheduled to vote on two motions regarding encampment enforcement or removal.
In his decision, Justice Ramsey confirmed the Charter’s Section 7 right to erect a shelter is limited to temporary overnight protection from the elements and only if there are insufficient emergency shelter beds.
He states the City can remove encampments that exist during daytime hours.
Related on TPR: What the City of Hamilton Can and Cannot Do Following Encampment Court Decision
Council is meeting on Wednesday, January 15 as General Issues Committee.
Motion to Keep Existing Protocol, Direct Staff to ‘Adhere’ and Enforce Protocol
Ward 8 Councillor John-Paul Danko, who voted in favour of the City’s existing encampment protocol, is moving a motion to maintain the protocol and direct staff to start enforcing the protocol’s rules.
Danko’s motion reads, “That City of Hamilton staff adhere to the defined provisions of the Encampment Protocol as revised and approved by Hamilton City Council in June 2024, including section D) Prohibited Areas for Erecting Encampments, Temporary Shelters, or Tents, section E) Campfire and Barbecue Use and section G) II Encampment Response Processes, when an encampment, temporary shelter, or tent is located on public property, within a prohibited area, as defined by this Protocol.”
There is no seconder for Danko’s motion.
Motion to ‘Dismantle’ Encampments
Ward 14 Councillor Mike Spadafora, seconded by Ward 6 Councillor Tom Jackson, is moving to end and dismantle encampments.
His motion reads that the “Encampment Protocol be rescinded,” that staff “be directed to dismantle all encampments,” and that a plan for implementing the direction be presented to Council on February 5, 2025.
Any decision made by Council will need to be ratified at the Council ratification meeting on January 22.
One Delegation, No Public Comments Thus Far
The initial agenda package includes no public letters regarding the encampment motions.
There is one delegation request. Ward 3 resident Andrew Selman wishes to delegate in-person regarding the ongoing problems with encampments rewiring park lampposts, digging trenches, and using electrical cords across public pathways. Selman has been documenting the issues he plans to speak about, and posting videos on YouTube.
Written Public Comments and Delegation Requests Due on Tuesday at Noon
Written comments for inclusion in the Council agenda can be submitted by emailing clerk@hamilton.ca before 12:00 noon on Tuesday.
Delegation requests may be submitted using the City’s online form by noon on Tuesday.
The Wednesday, January 15 meeting is scheduled to begin at 9:30 a.m. in the Council Chambers at Hamilton City Hall.
It will be streamed on YouTube.
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Published: January 9, 2025
Last updated: January 9, 2025
Author: Joey Coleman
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Good reporting. Thank you.