Bylaw efforts to clear tents before council's new encampment strategy is 'bizarre,' says advocate

When Hamilton bylaw officers told dozens of people living in tents near city hall to clear out last week, confusion ensued among encampment residents.

According to the city, on May 5 bylaw officers handed out "voluntary compliance notices" to 31 people who've lived in tents for months on a laneway that runs alongside a city hall parking lot and Whitehern Historic House and Gardens.

At first, encampment residents didn't know if officers would force them out, said a woman who identified herself as Kathy, a senior who has lived in a small tent with her husband for over a month. 

She declined to give her last name because she fears the stigma of homelessness will affect her ability to find future housing.

"Bylaw told everyone to leave immediately, but the paramedics said we didn't have to," said Kathy. 

So Kathy stayed put, and, like the other encampment residents who played music and chatted on Wednesday morning, were still there nearly a week later.

Even if they were forcibly removed, Kathy said, they'd have nowhere else to go. 

She and her husband, who has health issues, were evicted from their apartment for not paying their full rent, lost all their furniture and had to give away their cat in the process, she said. 

They haven't been able to find a shelter they can stay at together, which is a necessity because she's her husband's care provider, she added.

"I just want a roof, water and electricity and heat, not somewhere spectacular," she said.

Councillors to consider new encampment protocol next week

Encampment residents weren't the only ones confused by the actions of bylaw officers. 

Coun. Cameron Kroetsch (Ward 2), who represents the area, told council Wednesday that not only was he unaware of bylaw's plans, but the notices handed out also contradict this council's new approach to encampments. 

The city has been directed to move away from enforcement and link people experiencing homelessness with housing and other services, he said. 

Next week, councillors will consider a new encampment protocol that would allow up to five tents in city parks and possibly sanction larger encampment sites at undetermined locations.

Dr. Kerry Beal, the lead physician at Hamilton's Shelter Health Network, said bylaw issuing notices — with a new protocol on the horizon — is sending mixed messages. 

"It seems totally bizarre," Beal said. "I think, really, doing something like that in advance of the actual [encampment] decision is a waste of time." 

Bylaw says encampment raises safety concerns

Bylaw director Monica Ciriello said in a statement that bylaw intervened in the city hall encampment because it had received complaints from the public about garbage, open substance use, fires, propane tanks, staff health and safety concerns and the potential risk to Whitehern, a heritage asset. 

Firefighters have gone to the site 21 times for open fires or to remove propane tanks, she said. City housing workers have also been working with residents up to five times a week since March 1, she said.

At the council meeting Wednesday, general manager Angela Burden said 38 people at the encampment have agreed to work with staff to find housing, but it's "not an overnight solution." 

"We continue to have demand for shelter and housing that far exceeds our capacity," Burden said. "The team is doing what it can, balancing the 'housing first approach' and health and safety concerns."