UPDATE:
Sometime before 4:30 p.m. on Friday, the City of Hamilton posted on its website that Ontario’s Ministry of Labour issued an enforcement orders against the City of Hamilton for numerous violations at the Barton and Tiffany site.
The orders were issued three days ago.
The story below is based on a 2:30 p.m. statement by the City Manager’s Office that claimed the City “needed to delay the opening to ensure the site is safe and healthy for future residents.”
ORIGINAL STORY FOLLOWS
The City of Hamilton has announced December 20, 2024, as the day its “low-barrier” “temporary” tiny shelters emergency outdoor shelter site will open.
In an unattributed statement on the City of Hamilton website, the City states it “hoped to open the shelter sooner, but needed to delay the opening to ensure the site is safe and healthy for future residents.”
In September, City Council approved funding to create up to 272 new shelter spaces, 192 ‘traditional’ spaces and a 40-unit “temporary” tiny shelter community at the Barton/Tiffany lands that will be “low-barrier.”
At the same time, Council approved a 1-kilometre exclusion zone around Barton/Tiffany where encampments will no longer be permitted.
Shortly after, the City announced the site will be operated by the Good Shepherd Centre and house up to 80 people.
The 40 units will be prioritized to those living in encampments who are coupled, or not permitted in traditional emergency shelter spaces due to behavioural restrictions or other issues, such as having pets with them at their current outdoor encampment.
The Barton / Tiffany site will include all services the residents need, including meals, laundry, shower facilities, and ‘wrap-around’ supports.
The City says the site will be “temporary.” No exit strategy has been announced for the program.
In other communities, similar “low-barrier” outdoor tiny home communities have continued indefinitely past their original planned end dates.
Responsive to the Charter Litigation Against the City
The City is facing an ongoing Charter of Rights challenge against Hamilton’s Parks Bylaw is ongoing.
The new Barton/Tiffany “temporary” tiny shelters are crucial to the City’s defence of its bylaws.
Ontario’s courts are adopting most of the 2009 British Columbia Court of Appeal decision on encampments. Thus far, no Ontario municipality has succeeded in upholding its prohibitions on camping.
In The Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, 2023 ONSC 670, Justice Michael J. Valente wrote there is a Charter Right to encamp if “available spaces are impractical.”
“If the available spaces are impractical for homeless individuals, either because the shelters do not accommodate couples, are unable to provide required services, impose rules that cannot be followed due to addictions, or cannot accommodate mental or physical disability, they are not low barrier and accessible to the individuals they are meant to serve.”
The City is likely to submit in its arguments that the Barton/Tiffany “temporary” tiny shelters shows the City is not only providing traditional spaces, but also spaces for couples, and those who cannot access shelters due to behaviour prohibitions, drug addiction, or other restrictions.
If the Ontario Superior Court rules the City’s expansion of both traditional and non-traditional indoor shelter spaces is reasonable, it will become possible for Hamilton to ask the Superior Court to limit encamping to only when the City lacks indoor spaces, and in those cases, only to limited overnight campaign – similar to how British Columbia courts have ruled.
[In Victoria, tents are restricted to overnight hours in some parks. In Kelowna, there is now one designated site for erecting tents.]
The City and the encampment litigants will be in court beginning December 16 for oral arguments.
The City of Hamilton’s webpage for the Barton/Tiffany project is here: https://www.hamilton.ca/people-programs/housing-shelter/preventing-ending-homelessness/approved-temporary-shelter-expansion
Production Details v. 2.0.0 Published: November 22, 2024 Last updated: November 22, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version v. 1.1.0 added paragraphs of details. Note: terminology of "tiny shelters" adopted for consistency. v. 2.0.0 significant update after the City of Hamilton quietly posted Ministry of Labour orders. Original version was based on information posted by the City Manager's Office at 2:30 p.m. Later in the afternoon or evening, the City quietly posted Ministry of Labour Orders issued Tuesday The orders have delayed the project.