City of Hamilton continues legal battle against unhoused residents over encampments
CBC
Hamilton residents who've experienced homelessness in recent years are forging ahead with a lawsuit against the city that argues evicting them from park encampments violates their charter rights.
Their case is "bolstered" by a recent court ruling in Waterloo Region, says Wade Poziomka, one of several lawyers with the Hamilton Community Legal Clinic representing 19 people in the case currently proceeding at Superior Court.
Last month, a judge blocked Waterloo from evicting residents from a vacant lot because, the court said, it didn't have enough shelter beds for people experiencing homelessness — a similar situation in Hamilton, Poziomka told CBC Hamilton.
On Thursday, the Region of Waterloo announced it would not appeal the decision, noting council had approved spending $163 million to increase shelter spots.
In Hamilton, there are 1,545 people experiencing homelessness and only 515 shelter beds, according to the city's most recent data. Last month, shelters for men and families were full.
"I'm hoping as a result of the Waterloo case, [Hamilton] city council will see the risk in this litigation and not waste taxpayer dollars fighting us, but rather sit down at the table and work with us," Poziomka said.
"The bottom line is there's not enough shelter space for people who are living homeless right now. If the city can't provide sufficient housing then is the answer, 'just let them freeze?'"
Both sides had a case management call with a judge Thursday to discuss a timeline and next steps, said Poziomka.
Over the next two months, the lawyers will gather and present their evidence and a judge will decide what can be used at a future application hearing.
The city declined to comment or say how much it has spent on related legal fees as the matter is before the courts. CBC Hamilton reached out to three downtown city councillors for comment, but did not receive responses before publication.
The city can choose to withdraw its case at anytime, with council's permission, said Poziomka.
"As always, the applicants remain open to a resolution that is in everyone's interests — individuals who are houseless, the city, and ultimately taxpayers," he said.
The city has had a bylaw for years that bans tents in public spaces, such as parks. In the summer of 2020, a significant increase in tents appeared at different spaces around Hamilton. Doctors, lawyers and advocates got a temporary injunction barring the city from evicting encampment residents.
The previous term of council voted to challenge the injunction and won in late 2021. The city once again began enforcing its bylaw.