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City of Hamilton prepares for encampment court challenge on Friday

Hamilton's acting director of environmental services has said that city staff and contractors cleaned up 262 encampments at 60 different locations in 2021. Lisa Polewski/ Global News Hamilton

The city will be back in court on Friday, fighting for its right to remove people from encampments in Hamilton parks and open spaces.

A human rights-based challenge has been filed by five people who are experiencing homelessness and living in encampments, and who are represented by the Hamilton Community Legal Clinic.

Edward John, Hamilton’s director of housing services, told city council on Wednesday that there isn’t enough “appropriate” space within the shelter system for all of those who are living rough in Hamilton.

“That’s where the housing system is really struggling,” says John, “it’s difficult and sometimes unconscionable to put these individuals into beds or units without the right supports.”

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“It creates in many instances, more stress on the individual, whether it’s through isolation, whether it’s through not meeting their needs,” adds John.

He identifies women and those with mental health and addiction challenges, among those for whom existing shelter capacity, “may not be the appropriate option.”

Stoney Creek Coun. Brad Clark says he’s “really concerned” that the city is spending time and money in court, when “the first thing we need to do” is address the capacity issue.

“The tents in the parks is a real issue, it’s not appropriate. It’s not good for the people who are living in the tents and it’s certainly not good for the residents who are living around the parks,” Clark said.

“But we just heard we don’t have the beds for all the people who are homeless right now. We need to establish the emergency beds, now, because winter is coming.”

City staff estimate that up to 150 people are currently cycling through 30 to 40 encampments throughout Hamilton, most of them within city parks.

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“What we see on a daily basis, is around 80 to 100 of those individuals at any one time,” says John.

In regards to Friday’s hearing, “it is quite likely that the court’s decision might not be made on the 15th,” says Ron Sabo, Hamilton’s deputy city solicitor.

Sabo adds that an interim pause on the enforcement of city bylaws that deal with encampments in parks would be expected to continue “until the court renders its decision.”

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