Court in Ontario city struggling with gun crime closes over safety fears

A federal courthouse is leaving an Ontario city plagued by gun violence to ensure the safety of visitors and staff.

Hamilton, which is one of the most populated cities in the province, has seen a rise in shootings this year, police tell Global News; 13 of those have happened in broad daylight in busy areas.

One of them happened near the Tax Court of Canada last month, which until July 19, had a location in the downtown core — an area of the city with “incredible opportunities” to progress that could be lost if Hamilton doesn’t get the violence under control, business advocates say.

“This has been an ongoing issue that I believe that the lack of progress on it is starting to impact people’s decision making. … The people who are going to choose to leave are the people who can, and the businesses who can,” said Greg Dunnett, president and CEO of the Hamilton Chamber of Commerce.

“We have these incredible opportunities in the pipeline for our downtown: we have the LRT, we have a new arena district, we are working towards having a thriving part of our community, but we need to address this issue to allow those opportunities to reach their potential.”

The Tax Court of Canada informed the public and the legal profession of the closure in a notice July 19.

“As a result of ongoing security concerns for the public, employees and members of the court, the Tax Court of Canada has made the decision to cease its operations at its current Hamilton location, permanently and effective immediately,” Chief Justice Gabrielle St-Hilaire said in that notice.

“We are aware that this measure will cause inconvenience and delays for parties in the Greater Toronto Area, Hamilton and Niagara. The Tax Court of Canada has requested that the relocation process be accelerated.”

1:32 3 suspects sought in downtown Hamilton shooting

The court’s decision wasn’t made in isolation, as it had been issuing notices about its safety concerns since September 2023.

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On Sept. 1, 2023, then chief justice Eugene P. Rossiter wrote the location was closing temporarily until Sept. 25, but did not cite why. Rossiter elaborated in a second notice on Sept. 22.

“The Tax Court of Canada’s Hamilton location is closed indefinitely, effective immediately,” Rossiter wrote.

“The Hamilton location will not re-open until the chief justice is satisfied that no further safety concerns exist for the public, staff and judiciary due to the encampment and related activities adjacent to the court.”

It wasn’t until Dec. 12 that Rossiter would issue a notice stating the court would reopen on Jan. 2; St-Hilaire took the post as chief justice in June.

1:32 Uptick in shootings has Hamilton on course for five-year high: police

Joel Kom, legal counsel for the Tax Court of Canada, said that aside from those notices, safety issues at the court have persisted “over the past few years.”

“There have been several incidents in the vicinity of the Tax Court of Canada Hamilton office, the latest of which was a broad daylight shooting on June 28, 2024. Security concerns related to these incidents have led the court to cease its operations at this location,” Kom wrote.

“In addition to receiving documents at its registry counter, the Tax Court of Canada held hearings at its Hamilton facility. The hearings scheduled between now and December 2024 will be held as scheduled at an alternative location.”

Kom added the Courts Administration Service and Public Service and Procurement Canada are “actively working” on finding a new facility to serve residents in the area, and said the court would not be speaking further on the matter.

The shooting that unfolded on June 28 happened around 11 a.m. near the Frank A. Cooke Transit Terminal, just steps away from the Tax Court of Canada.

According to police, one person was seriously injured in what it believes was a targeted event over a dispute between the two people involved.

A 15-year-old boy is facing firearm charges, while a 21-year-old man has been charged with drug offences, including possession of fentanyl for the purpose of trafficking.

That incident was one of 13 daylight shootings that have taken place in busy areas this year, Hamilton Police said.

1:26 Police seek suspects in Hamilton shooting that grazed bystander

As of July 25, there have been 37 shootings in the city this year, an increase from the year prior and a continuation of a rising trend over the past five years. While a majority of the incidents are targeted, shootings have also taken place near a daycare and a busy alleyway with children walking home from school, police said.

“Generally, victims and witnesses have been uncooperative in sharing information,” police said.

“However, since our shooting news conference (in May) the community has consistently been providing information and statements with regards to preserving evidence and assisting investigators in the investigation.”

Dunnett told Global News there’s a risk, both “perceived and real,” that the downtown is not safe.

He said he’s had to walk people to their cars from the chamber’s downtown office before over safety concerns.

“The decisions made today are going to impact the opportunities for the future of our community, and (this is) why a sense of urgency needs to be felt,” Dunnett said.

“Not resolving this issue will continue a downwards cycle, instead of laying the groundwork to maximize the potential opportunities before us.”

To tackle the trend, Hamilton Police created the Shooting Response Team to respond to cases of reckless gunfire that result in serious injuries, or endanger people and property.

Mayor Andrea Horwath acknowledged the work the team is doing, but said she remains “deeply concerned” about the rising trend.

“The most recent shooting adds to my growing concern that Hamilton is seeing gun violence far too frequently in our community. … I know the chief of police and the women and men serving on the front lines are as concerned as I am,” she said in a statement.

“Their work is not in isolation. We continue to engage in discussions with our provincial and federal partners about how we can all support efforts to end gun violence, as we stand united in our resolve to keep our communities safe.”

At the end of the day, there’s “not one thing that will resolve this issue,” Dunnett said — but the work on it must be accelerated.

“You look at the need for affordable housing. … Without the housing, we’re going to continue to have those issues, and then the concern about that is that the economy gets worse and that downward pressure will result in more people being in a tenuous situation,” he said.

“We need to invest in making our community safer.”