Although encampments have become more visible in Hamilton and other cities since the pandemic, they are not new. In the 1920s and 30s, a group of people lived in “ramshackle boathouses”, the so-called Shacktown of Cootes Paradise. This caused public debate at the time related to the beauty and orderliness of the city.

The pandemic saw the growth and increased visibility of encampments in Hamilton and in ensuing years, the City introduced Encampment Protocols which allowed for tents on city property with set restrictions. Earlier this year, the City rescinded the protocol and began to remove tents through the enforcement of established bylaws.

Housing is a human right according to the Canadian government’s National Housing Strategy Act but there is also the potential for conflict between the enforcement of City bylaws and other rights of people living in encampments. This conflict is at the heart of a legal case initiated by Hamilton Community Legal Clinic claiming the City’s policy is violating people’s rights as outlined in the Charter of Rights and Freedoms including life, liberty, security and equality rights.

In this episode of Vital Signs, Rudi Wallace hosts Clare Freeman (Executive Director, HCLC) and Michael Ollier (Director of Legal Services, HCLC) to talk about the case and the importance of finding housing solutions for people experiencing homelessness.

Key quotes:

“We’ve had years of income support levels not keeping up with the realities of housing. It’s just not working out for those who have the least amount of money.” Clare Freeman

“Prior to the pandemic there was already an affordable housing crisis…but when the pandemic hit, due to [social distancing requirements] the opportunities for our clientele to go to a shelter was restricted.” Michael Ollier

“What do you when there is no shelter space or when the shelter system is already doing its best? When shelters are full, how do you live in the meantime? As a moral point for our city to think about, when we don’t have those spaces available to people, is it humane to ask people who have nothing, to have to think every day about where they are going to sleep? As a city we need to grapple with that.” Clare Freeman

“By the fall of 2020 there was concern about the bylaw that restricted people from spending the night in parks. The first protocol in 2020 had tent restrictions…and the second protocol from 2021 to 2023 was where difficulties were encountered as people were being evicted from encampments and were coming to us asking what rights they have. This launched the application [against the city].” Michael Ollier

“We need to continue to have a dialogue about what we do when people can’t afford housing and so have to live in encampments. We also know that there is discrimination in housing and there are populations that are more likely to be unhoused. We’re not here to make more encampments but we have to be sure that the rights of people who live in encampments are protected.” Clare Freeman

“The bylaws were written in different circumstances and were about how we use parks. That reality shifted quite dramatically by 2020. Every law in this country is measured against some enduring principles found in our Charter of Rights and Freedoms…The reason [the Charter] won out is because people agreed that there should be some enduring truths and values that transcend what happens at an individual point in time. Those enduring truths are that everybody has a right to life, liberty and security of the person.” Michael Ollier

“The main argument that people in Hamilton and across the country have brought is that when certain circumstances exist, when people are camping in public parks and they contravene the bylaw, that behaviour is covered by the higher and enduring principle of a right to life, liberty and security of the person.” Michael Ollier