Ontario’s Conservative government is formally intervening in the Hamilton encampment Charter challenge case appeal.
Leading up to the February 2025 provincial election, Premier Doug Ford promised his government would enact new provincial laws to prohibit encampments and, if re-elected, his government would provide legal support to municipalities facing Charter challenges.
In a case management procedural decision issued on August 7, the Court of Appeal for Ontario states the Attorney General of Ontario is intervening and will make submissions in the appeal regarding Superior Court Justice James Ramsey’s December 2024 decision upholding Hamilton’s parks bylaw banning encampments.
The Government of Ontario can intervene, as of right, in Charter challenges.
Before this, the provincial government has not intervened to support municipalities facing Charter challenges to bylaws prohibiting overnight encampments and the erecting of temporary structures.
Grounds of Appeal
Lawyers challenging Hamilton’s encampment prohibition are arguing that Justice Ramsey’s decision includes numerous errors of law. They have grouped their arguments into twelve categories in the appeal application.
They state the legal errors include making credibility determinations based on discriminatory stereotypes about people with mental health and addiction disabilities, and providing inadequate reasons for rejecting testimony from 14 appellants about shelter access difficulties and overnight evictions.
They also argue the judge ignored relevant evidence about shelter capacity, eviction practices, and specific harms to women, Indigenous persons, and persons with disabilities. They claim the decision made findings without evidentiary support and failed to properly apply Charter section 7 and 15 tests while not following precedent from similar cases.
Additional claimed errors include applying the wrong immunity standard to municipal decisions and improperly relying on a U.S. Supreme Court decision without notice to the parties.
Appeal Expanded to Permit Fresh Evidence – ONCA Set to Settle Encampment Charter Law in Ontario
In an earlier July procedural decision, the Court of Appeal ruled it will consider fresh evidence during the encampment decision appeal.
The effect of this procedural decision is that the Court of Appeal will be considering existing and fresh evidence regarding the broader issue of encampments in Ontario.
The eventual decision will determine how Ontario’s municipalities can regulate encampments, and in what circumstances encampments are permitted to exist in the province.
Ten Groups Seek to Intervene in Support of Overturning Encampment Bans
Ten organizations have expressed an interest in intervening on the appeal: the British Columbia Civil Liberties Association, the Canadian Centre for Housing Rights, the Canadian Civil Liberties Association, the Charter Committee on Poverty Issues, the National Right to Housing Network, the Income Security Advocacy Centre, the Mental Health Legal Committee, the Niagara Community Legal Clinic, the Ontario Human Rights Commission, and the Women’s Legal Education and Action Fund.
Former Ward 1 Hamilton City Councillor Aidan Johnson is the Executive Director of the Niagara Community Legal Clinic.
Timelines for Intervention Motions and Hearing Date
The Court of Appeal will hear intervention motions on December 12, 2025, during a video conference hearing.
The groups seeking to intervene must file their materials by November 14. The City of Hamilton’s response to the filings is due December 8.
There is no date set for the hearing of the main appeal. It is unlikely to be heard until mid-2026.
Production Details
v. 1.0.0
Published: August 11, 2025
Last updated: August 11, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version