Good morning.
I am at City Council today for the bi-monthly ratification meeting. The sanctioned encampment site matter is among the agenda items. Ward 5 Councillor Matt Francis’ motion reopening the Stoney Creek parking lot to affordable housing is also among the items.
At 10:00 a.m., I will observe the Ontario Land Tribunal case management conference for the appeal at 17 Ewen Road and 1629, 1635, 1637 and 1655 Main Street West. This is a non-decision appeal in an application to permit the development of four towers on the two properties. There has been a merger of appeals between the two properties.
I’ll update this blog post as the day progresses.
City Council Meeting
Today’s meeting began on time, with 13 of 16 council members present. Danko, Hwang, and Spadafora were not present at the start.
The meeting adjourned at 12:50 .m.
Sanctioned Encampment Site
In a 11-4 vote, Council ratified the creation of a sanctioned encampment site at Barton and Tiffany. Francis, Jackson, Pauls, and Spadafora voted opposed. Hwang was absent.
In a 9-6 vote, Council ratified the creation of seven new full-time positions to support the expanded supports for housing and homelessness. Francis, Jackson, Pauls, Clark, Tadeson, and Spadafora opposed.
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The debate on the sanctioned encampment site to be located at the Barton and Tiffany lands began shortly after 10:00 a.m.
As of 10:20 a.m., councillor questions have focused on the implementation of the plan. The time for dispersing existing encampments within one kilometre of the Barton and Tiffany site, the costs of the tiny shelters – how will the City ensure it gets good value and is fiscally prudent with the purchase -, and concerns about soil contamination on the lands.
Ward 3 Clr Nrinder Nann asked staff to review concerns about the ‘overconcentration’ of shelter spaces and encampments in portions of Ward 3, noting that Bishops Park and JC Beemer Park are located in areas with few green spaces.
Nann cited that Mission Services on King Street East and the old Cathedral High School at Main Street East and Emerald Street South operate a large number of emergency shelter beds.
Over 100 of the new emergency shelter spaces will be in this neighbourhood.
Citing the staff recommendation not to permit encampments near the Barton and Tiffany lands, Nann is seeking similar consideration in Ward 3.
Ward 9 Clr Brad Clark moved a motion to formally direct staff to ensure that Barton and Tiffany encampment residents are not exposed to contamination.
Mayor Horwath moved a motion to request, again, that the provincial and federal governments provide funding for Hamilton’s response to homelessness.
NOTE: I was focused on an OLT video conference between 10:00 a.m. and 10:11 a.m. New information was shared during that portion of the OLT hearing.
Francis Withdraws Stoney Creek Parking Lot / Lobbyist Claims Motion
Ward 5 Clr Matt Francis withdrew his motion seeking to have the City’s auditor look into his allegations regarding lobbying by the Hamilton is Home coalition regarding the Stoney Creek parking lot conversion into affordable housing.
Francis did not appear to have the votes for it to pass.
While withdrawing the motion, he took the opportunity to repeat his opposition to the conversion.
Ceremonial Activity
The meeting began with a ceremonial item celebrating the Hamilton youth who participated in the International Children’s Game in Lyon, France this year.
This month’s Deputy Mayor is Ward 7 Clr Esther Pauls, who is extremely enthusiastic and passionate about youth sports. In a moment of levity, Pauls called the basketball athletes to the floor, but forgot the coach. Other councillors playfully heckled “You forgot the coach.” Realizing what happened, Pauls called down the coach to a room full of joyful laughter.
Mayor Andrea Horwath thanked all the participants, coaches and parents in the Council Chamber, and jokingly invited them to “stay all day” for the Council meeting. With friendly chuckles, they all got up and left the Council Chamber.
Other Council Notes
A Francophone school group arrived in the Council Chamber around 11:15 a.m. School trips are rare post-COVID. They were attending the Franco-Ontarian Day celebrations occuring on the City Hall forecourt.
Mayor Horwath’s Post-Council Availability
Mayor Andrea Horwath spoke with CHCH News, TheSpec, and TPR following the Council meeting.
The Passing of Sanctioned Encampment Sites
CHCH asked Mayor Horwath for on-camera comments following the ratification of the expansion of emergency shelters and the sanctioned encampment sites.
Asked if the temporary sanctioned encampment site will end up becoming permanent, Mayor Horwath responded:
“We have been very active in trying to get resources to put permanent housing in place. But even if those resources came tomorrow, even if I heard from the Minister of Health and the Minister of Housing and the federal government tomorrow, that everything we asked for, we’re going to get. It still takes time to build those units. That’s at least two years out.
“In the interim. We need to make sure that our community spaces, our public spaces, our parks are available to all Hamiltonians. in a way that they can enjoy while we really try to address the crisis that people are facing, the multifaceted crisis that people are facing.”
Reviewing the Lobbyist Registry
TheSpec asked about a letter sent to Council by Jeff Neven Chief Executive Officer of Indwell.
The Mayor says Council will be reviewing the lobbyist registry.
“I did have a quick look at that letter. I haven’t read it in detail, but I know that similar concerns have been raised.”
“We are looking at a number of pieces in terms of our procedural bylaws, as well as what we think we need to do in today’s environment when it comes to the Integrity commissioner and when it comes to codes of conduct.”
“We identified early on as the New council that there’s some work that needs to be refreshed, if you will, on all of those pieces.”
2025 Budget Directive
For the second week in a row, my first question to the Mayor was when she will issue her 2025 Budget Directive.
“We can turn our mind to that. This [sanctioned encampments and homelessness] was the focus for a long time. So we are going to turn our mind to that exactly.
On Police Board Secret Meetings and Open Meeting Violations
My second question was to ask the Mayor’s position on the secret September 10 Police Board budget meeting. The Police Services Board violated the open meeting requirements of the Community Safety and Policing Act. This is just the latest violation of the Policing Act by the Board.
Mayor Horwath responded she was not aware of yesterday’s TPR story on the issue.
“I would say is this is the first I’ve heard of this concern, and it will likely be discussed by the board. I’m not a member of that committee, so I was not aware of any of the details. Certainly, I expect that if it’s a concern, that it will be discussed at the board.”
My last question was asking her position on the Police Board’s continuing violations of the opening meeting requirement to list closed session items with a general description.
“Again, it’s up to the chair of the board with the administrative support person to put together the agenda. That’s not my role. But certainly if that’s an issue, I’m sure it will be reviewed by the board.”
Mayor’s Written Statement on ‘Plan for Wraparound Services and Temporary Outdoor Shelter’
Mayor Horwath’s office posted a statement to her social media accounts just after 3:00 p.m.
Library Board West Harbour Meeting
The Hamilton Public Library’s West Harbour Site (WHS) Vision Committee meet at 5:30 p.m.
They received an update from Library staff and approved a $35,000 budget for honourariums for Indigenous individuals who will sit on the advisory group for the project.
Here’s TPR’s story in advance of the meeting:
BRIEF: Hamilton Library Moving Forward on West Harbour Library Branch: Library says the new branch will include dedicated spaces for Indigenous people, and a public cafe on the waterfront.
Ontario Land Tribunal
17 Ewen Road & 1629, 1635, 1637 and 1655 Main Street West
The OLT Case Management Conference on the file set the contested hearing dates to occur in January 2026. The developer’s lawyer Ira Kagan stated this was the earliest date available in his calendar.
The Ainslie Wood Community Association was granted participant status. As a participant, the AWCA can submit a written statement.
This is a non-decision appeal. The developer is seeking permissions to develop four tall buildings. On the Ewen property, a 19-storey building containing approximately 665 units. On the Main Street property, three tall buildings, 20, 26 and 28-storeys in height with a total of 866 units.
Neighbouring candy factory operator Mondelez Canada Inc. is also a party in the hearing.
The City, developer, and Mondelez confirmed they are holding settlement talks.
Updated City Residential Zoning Bylaw
The OLT issued a decision today in the appeal of the updated city-wide residential zoning bylaw. Bylaw 24-051. At issue is the bylaw requirement that new residential parking spaces be made ready for EV vehicle charger installation.
The OLT quickly organized a case management conference in mid-July to confirm the appellants and City are willing to agree to bring all provisions of the new bylaw into force and effect, with the exception of the parking appeal.
This is an important implementation: the new bylaw eliminates parking minimums for infill intensification, permits more additional dwelling units in more locations, and will put Hamilton ahead of expected new Ontario regulations to liberalize planning laws.
The decision link on the OLT website is broken. I emailed the OLT at 8:00 p.m. to request a copy.
I’ll publish a story on Thursday when I have the decision PDF.
Other Hamilton News
Judge Throws Out Firearm Evidence Due to Hamilton Police Misconduct
Ontario Court Justice Davin M.K. Garg ruled Hamilton Police were not honest and forthcoming with the Court when they applied for a search warrant and found a firearm.
In a 76-paragraph decision, Justice Garg details the information Hamilton Police did not disclose when applying for the warrant. Ultimately, the Justice determined they are compelled by case law to exclude the firearm from evidence.
“Excluding the evidence is necessary for the court to adequately disassociate the justice system from the Charter breach and to reinforce the community’s commitment to individual rights: see R. v. McGuffie, 2016 ONCA 365 at para. 83. The charges are serious. The evidence is reliable. But the strong societal interest in continuing this prosecution cannot overcome the cumulative effect of the first two lines of the inquiry: see R. v. Gonzales, 2017 ONCA 543 at para. 172. Admitting the evidence obtained after conduct that had the effect of subverting the pre-authorization process “would exact too heavy a toll on the administration of justice”: Nyadu at para. 281.”
Justice Garg noted the disappointing circumstance of seeing a firearm prosecution fail.
“Gun violence has gripped the City of Hamilton this year. Media reports decry the alarming rates of shootings in our community. Excluding the evidence will deprive society of a trial in a case with significant public interest. But exclusion is necessary to protect the long-term integrity of the justice system, which includes the search warrant application process.”
Production Details v. 1.9.0 Published: September 25, 2024 Last updated: September 25, 2024 Author: Joey Coleman Update Record v. 1.0.0 first post - Introduction sections v. 1.0.1 Council meeting notes. 9:50 a.m. v. 1.0.2 Council meeting notes. 9:55 a.m. v. 1.1.0 updated the introduction on the OLT matter. There are four towers on two properties, the two property appeals are being held as one matter. 10:05 a.m. v. 1.1.1 first update on encampment debate 10:40 a.m. v. 1.1.2 update on encampment debate, added notes about motions. 11:00 a.m. v. 1.1.3 added a contextual line to the encampment debate. Cleaned up grammar and made more concise. 11:10 a.m. v. 1.1.4 added note on Francophone school group. v. 1.2.0 added vote outcome on encampments. 12:20 p.m. v. 1.3.0 added OLT summary for this morning's case management hearing. 12:35 p.m. v. 1.4.0 added adjournment time, first note about Clr Francis withdrawing motion. 1:30 p.m. v. 1.5.0 added Ontario Court of Justice ruling regarding Hamilton Police search warrant being quashed. 3:20 p.m. v. 1.6.0 added Mayor Horwath's post meeting remarks on sanctioned encampment site. 4:00 p.m. v. 1.7.0 completed the section with Mayor Horwath's post-meeting remarks. 8:00 p.m. v. 1.8.0 added brief on Library Board meeting. 8:05 p.m. v. 1.9.0 added note on OLT decision on Bylaw 24-051 appeal. 8:20 p.m.
Thanks again for keeping up with what’s going on a city hall and beyond.