Hamilton council votes to restart ban on tents in parks starting in March

Hamilton councillors and the mayor have voted overwhelmingly to end the city's encampment protocol, rules that have allowed some people living in tents to stay and not be forced to move.

The 13-2 vote at council's general issues committee meeting will see the former parks bylaw, which forbids overnight camping, enforced again starting March 6.

It will now go to council for a final vote, which is needed to pass formally.

Wednesday's vote was on a motion by Ward 14 Coun. Mike Spadafora. The motion noted a recent Ontario Superior Court of Justice finding that clearing encampments from parks doesn't violate Charter freedoms. 

Spadafora's motion quoted Justice James Ramsay's assessment that encampments are "lawless, dangerous and unsanitary," and resolved that bylaw and parks staff "be directed to dismantle all encampments as well as clean and restore parks to the inviting, safe, and green recreational spaces they once were, to be enjoyed by City of Hamilton taxpayers and their families."

The motion called for city staff to bring a report to the committee Feb. 26 that details "the necessary resources and staffing needed to transition from the current Encampment Protocol to the City of Hamilton Parks Bylaw."

Decisions made that day would be ratified by council at its March 5 meeting, and the protocol would be rescinded as of March 6.

Ward 8 Coun. John-Paul Danko said Wednesday's vote was in the city's best interest, adding public opinion on encampments has swung away from supporting them.

He recalled council meetings years ago where the chamber would be full of encampment supporters, a group that did not materialize on Wednesday. Now, he said, other citizens are feeling more empowered to speak their minds against encampments.

Ward 1's Cameron Kroetsch, who was joined only by Ward 13's Alex Wilson in voting against the motion, echoed what several unhoused people have told CBC Hamilton, saying banning encampments will change very little.

It will simply "wind the clock back to a time … where people were being chased from park to park," Kroetsch said. "Chasing homeless people around the city is harmful and for some people, it leads to their death."

Brad Clark, councillor for Ward 9, was one of many who felt council's significant investments this term on housing and homelessness — which include new rent supports and subsidies to keep people in their homes, added shelter spaces and plans for more affordable housing — amount to a fair balance to ending park encampments.

He also noted the encampment protocol was a way of keeping the city on the right side of the legal process.

"It's important the public understand that council has been addressing the issue of homelessness while also defending our position in the courts," he said. "We didn't approach it from a hard line; we approached it from what we could defend in the courts."