City of Hamilton to Resume Camp Enforcement Following Court Win – Hamilton | The Canadian News

A superior court judge has ruled against a group of homeless residents seeking a permanent injunction to prevent the city of Hamilton from potentially dismantling dozens of small park camps, the latter claiming to be unsustainable.

In the 76-page decision, Judge Andrew J. Goodman acknowledged that homelessness was a “tragedy in Canada,” but said the evidence presented by the attorney at the hearing showed that the city “continues to take reasonable steps to do so. safe shelter space and lodging available. “

“This case involves important, complex and challenging social, economic and political issues affecting homeless and marginalized members of the community,” Goodman said.

“There are no easy solutions.”

For two days, on October 21 and 22, Goodman heard oral arguments from an attorney using written testimonies from doctors, residents, and outreach personnel related to the camp issue.

With the decision, the city said in a statement that it would resume enforcement of the park’s statutes.

“The city aims to continue upholding this statute in a way that is respectful and understanding for all involved,” the statement said.

“The law enforcement approach will continue to consider the safety and well-being of the homeless, as well as the needs of the wider community, including access to green space for safe outdoor recreation.”

Downtown (District 2) Councilman Jason Farr said he appreciated Goodman’s “careful scrutiny” of a situation the courts described as “a matter of great public concern.”

“The exponential growth of the camps comes with unprecedented increases in concerns shared by frightened and upset residents,” Farr said in a statement to Global News.

“Those concerns are real and I think the judge understood this among other important factors when it comes to the law.”

A small number of homeless residents represented by the Hamilton Community Legal Clinic (HCLC) returned to a courtroom on October 21 seeking a court order to prevent Hamilton from enforcing a complaint-based parks ordinance. of human rights.

Under the rules, the city can issue trespassing notices, and if they are not followed, the occupants can be removed by Hamilton police.

The HCLC said in a statement after the decision that it was “discouraged” with the outcome.

“This segment of the population will now be left sleeping outside in the path of damage, without the use of a tent to protect them from the harsh elements,” the agency said.

“Some will stray further from the web and hide, disconnecting from vital supports such as health care and on the street.”

The Hamilton camp support network said in a social media post that Tuesday’s decision was “no surprise” and that the protocol “was never a solution.”

In a Twitter post before the ruling, the network claimed that the city was putting the lives of the camp’s residents in danger, saying they had not been provided “with any suitable alternative.”

“The existence of this protocol only provides residents with a move notice and the parameters by which the city will participate in the removal of their homes, belongings and the dismantling of their communities,” said a spokesperson.

Meanwhile, Dr. Tim O’Shea, who works with the homeless, also expressed his displeasure with the failure on social media, suggesting that the camp’s residents were “inconvenient to development and the interests of taxpayers.”

“What it does do is allow the city to continue to hide this issue under the rug, push people out of the public space and continue to assert that people without shelter are somehow to blame for their own circumstances,” O’Shea said. On twitter.

Last Thursday, city attorney Michael Bordin argued that camp residents could take advantage of various outreach programs, insisting that efforts to house and place residents in temporary and permanent housing do not cause “irreparable damage,” as they suggested. supporters of the homeless.

The attorney argued that the facilities in the city’s parks were causing tens of thousands of damage to trees, lawns, and other permanent structures, as well as spreading safety concerns, unauthorized use of electricity, and calls to clean up discarded needles and drug paraphernalia. .

He also went on to argue that the camps create a “secondary shelter” system that “undermines” and extracts money from the city’s current sustainable housing program.

However, the applicants’ attorney suggested that the city has not created any new shelter spaces for the homeless, citing recent dates in mid-October when the director of housing services stated that the system did not have enough beds in a determined night.

The representatives went on to say that COVID “aggravated” the situation of homeless people in the city and that, as uncomfortable as the camps are for those who live in them, it is an opportunity to evade “psychological damage.”

As of November 2, the city says there are 507 emergency shelter beds in Hamilton, including 15 beds for single women and an additional 21 hotel spaces that serve couples and individuals.