As ban on encampments takes effect, Hamilton council beefs up staffing to enforce it

A ban on tents in parks takes effect Thursday in Hamilton, with four municipal law officers to be reassigned to enforce the bylaw full time as a way to "manage and regulate municipal parks," city staff said this week.

Councillors voted 13-2 Wednesday in favour of enacting their January decision to rescind the city's encampment protocol in Hamilton parks. It was introduced in 2023 and allowed temporary shelters in groups of no more than five. 

The January decision noted the recent Ontario Superior Court of Justice finding that clearing encampments from parks doesn't violate Charter freedoms.

City officials said in Hamilton there are about 1,600 people experiencing homelessness and 200 in encampments. At this time, there are approximately 76 encampment sites that will require investigation, although this number fluctuates daily, the city says.

The city says there are currently 25 full-time municipal law enforcement officers in its Municipal Law Enforcement section. Eight of those officers are assigned to provide enforcement for council-approved special programs including vacant buildings and encampments. Four will now be dedicated to enforcing the encampment ban.

At Wednesday's meeting, councillors also approved the transfer of one full-time project manager at an estimated cost of $110,223 from Housing Services Division, Healthy and Safe Communities, to the Licensing and Bylaw Services Division.

Councillors reminded of their human rights obligations

A last-minute effort by Ward 2 Coun. Cameron Kroetsch to delay the vote did not find favour with Coun. Tom Jackson.

"All around the world [there are people] who recognize that when we move people forcefully they will suffer harm. We know people have died in situations like that, and so I'll continue to stand on the side of that not being a thing we should do under any circumstances — to create that kind of harm for individuals in our community who [are] deprived of housing," Kroetsch said.

"People who found themselves without housing, without shelter in our communities didn't plan for this, didn't ask for this,  and punching down on them isn't going to make the situation any better for them... Housing is the only solution here."

Kroetsch also read from a letter from federal housing advocate Marie-Josée Houle, who expressed grave concerns about "the proposed plan to adopt a strict by-law enforcement approach to homeless encampments in Hamilton once the Encampments Protocol comes to an end on March 6, 2025."

In the letter, Houle urged councillors to reflect on Hamilton's human rights obligations before voting.

"A human rights-based approach calls on municipalities to ensure that they are doing all that they can to protect people living in encampments from harm and violations of their human rights while also working on solutions that will offer adequate housing and supports," the letter reads.

"Before you vote this week, I urge you to review my report and recommendations so that you are fully aware of my recommendations and your human rights obligations."

Citing Houle's letter, Kroetsch questioned whether city staff had "considered the legal implications" of the enforcement before bringing it forward to councillors.

"She's saying to us that city staff or the city should be reaching out and speaking to her before we vote this week … and so not taking that step, I think, puts the municipality at in a risky position," Kroetsch said.

But Jackson said he found it "fascinating" that the housing advocate "at this late hour, 24 hours away from enacting the rescinding of the protocol" is trying to intervene.

According to Jackson, removing encampments and cleaning up city parks is "what our citizens across the city overwhelmingly have begged and pleaded for."

"I am not going to support any direction to further potentially delay the... rescinding vote post-protocol to provide relief, happiness, joy and safety for the 568,000 other Hamiltonians that are looking forward to it," Jackson said.

City 'already making' investments in housing: councillor

Coun. John-Paul Danko was among councillors who voted in support of the city moving forward with the encampment ban.

He said advocates "conveniently ignore" that the City of Hamilton is spending about $200 million in the 2025 budget to support housing and homelessness. 

"We are doing that despite a significant lack of support from both the federal and provincial governments, where I believe this year we'll be spending about $130 million, 67 per cent from municipal property taxpayers, on this problem," he said. 

"So, all of those things that these paid advocates say that we need to do, we're already doing them. We're already making those investments. We're already putting hundreds of millions of dollars every year into solving these problems." 

Danko also said advocates ignore the impact on neighbourhoods, communities and businesses. 

"We spend an inordinate amount of time, as we probably should, talking about the needs of homeless individuals, but what is ignored is the needs of the residents, of the community, of the businesses, and of the greater city, Hamilton," he said.

The director of the city's bylaw division has been directed to report back to the general issues committee later this year with an interim assessment of encampment enforcement, along with quarterly reporting.