Councillors reject encampment plan, remain divided on how to help people living in tents

After hearing from frustrated advocates and debating for hours, Hamilton councillors rejected city staff's plan for new restrictions on encampments. 

The proposed encampment protocol was presented at the general issues committee meeting on Wednesday. It included dozens of rules about where people experiencing homelessness can't pitch a tent — dividing councillors on whether it goes too far or not far enough.

"I don't support this protocol," said Coun, Cameron Kroetsch (Ward 2). '"It's way too restrictive. Where can someone go? Practically nowhere."

Kroetsch had originally asked staff in February to develop a protocol that upholds the human rights of people living in encampment. He said instead they delivered an "enforcement based approach" that would give bylaw and police officers the power to break up encampments for violating rules. 

Bylaw and housing staff proposed encampments wouldn't be allowed to exceed five tents and the total area for a single tent couldn't exceed nine metres squared, the report said. The city would have had the power to immediately remove any belongings outside the area. 

The protocol would have also banned encampments within 50 metres of schools, daycares, playgrounds, pools, sports fields and stadiums, among other public places, plus within five metres of private property, transit stops, sidewalks and heritage designations — including the roughly 30 tents currently near Whitehern Historic House. 

City considers sanctioning larger encampments

Coun. Matt Francis (Ward 5) said that encampments shouldn't be allowed in these public spaces at all. 

"I personally believe the enforcement approach is the best approach for keeping drug paraphernalia out of our neighbourhoods," said Francis.

"I've heard from my constituents and they've made it abundantly clear to me, it's beyond inappropriate for us to allow encampments in our parks, near our children's playgrounds and in our ravines." 

The committee voted for staff to conduct public consultations until June 30 then report back with a new protocol by end of August. Staff are also developing a plan for larger, sanctioned encampment sites where people would have access to washrooms, drinking water and showers.

In the meantime, staff will continue to follow a pilot project from last year, which includes a housing-first approach for people living in encampments. 

"Housing first means should they be using substances, should they have other needs or supports, it doesn't preclude them from being housed," said Michelle Baird, director of housing services.

"It means the housing focused street outreach team is the first group who has interactions with people living in encampments." 

'They're trying to get by'

Encampments are a place where unhoused people can find some stability and keep their belongings safe, said Jammy Lo, who is living at the Whitehern encampment by city hall.

"The people I know there aren't trying to make trouble," she told the committee. "They're trying to get by day by day and live and breathe."

She said she has found housing and is moving in at the end of the month.

Delegate Gessie Sterns, with the Hamilton Social Medicine Response Team (Hamsmart), which connects vulnerable residents to health services, called the proposed protocol "dehumanizing."

"It's saying people living outside are not human, are dangerous and there's a reason to see them as dangerous," said Sterns. 

She is a research consultant for Hamsmart and said 22 people experiencing homelessness died between June and November last year, including eight who died from circumstances that were violent in nature and nine who died of drug overdoses. 

The answer to end the "frightening" violence encampment residents experience is simple, said Sterns. They need housing. 

"Every other option leads to more money, more prolonged homelessness and more death," she said.