Ontario Superior Court of Justice James Ramsey has ruled in favour of the City of Hamilton in the Charter challenge against the City’s Parks Bylaw.
The 86-paragraph decision was issued this morning (December 23, 2024).
[Full Decision here: https://clcyr.on.ca/wp-content/uploads/2024/12/Hamilton-decision.pdf]
In initial comments, made at City Hall as she was walking to a meeting, Hamilton City Manager Marnie Cluckie stated the City is pleased that it succeeded in court.
City staff are reviewing the decision and will issue a statement following review.
Conclusion Paragraphs of Justice James Ramsey
The following is an image capture of Justice James Ramsey’s conclusion paragraphs.
Public Statement from the Applicants
Lawyer Sharon Crowe sent the following statement on behalf of the applicants.
“PUBLIC STATEMENT FROM THE APPLICANTS IN HEEGSMA et al. v. CITY OF HAMILTON
The Ontario Superior Court released its decision today in Hamilton’s most recent litigation regarding homeless encampments.
The Application was brought by 14 individuals who either are or have been unhoused in Hamilton. 8 are women; 8 are Indigenous; 2 are Black; 1 is a transgender woman.
The Court reaffirmed the Charter right against overnight encampment bans and evictions when shelter bed capacity is insufficient, becoming the third Ontario Court to do so. Municipalities must continue to comply with their Charter obligations, which are now beyond doubt.
The Court dismissed the Application based on a factual finding that the City did not evict people overnight from encampments between August 2021 and August 2023.
We are disappointed with the decision and are reviewing it carefully.”
More to come … TPR is also reviewing the decision.
Production Details
v. 1.0.0
Published: December 23, 2024
Last updated: December 23, 2024
Author: Joey Coleman
Update Record
v. 1.0.0 original version (12:25 EST)
v. 1.1.0 added image of applicant (litigant) public statement on decision. (13:20 EST)