A full rundown of the latest. Photo credit: University of Toronto-Scarborough
Last week, Hamilton City Council voted 10-6 in favour of its Encampment Protocol which includes the launch of a 25-cabin tiny shelter program. As such, encampments will be allowed on public property, including in municipal parks with certain restrictions.
Sanctioned encampments, which would have seen the city designate three to five sites in the city where 20 to 50 tents could be set up, were not recommended by city staff and were thus rejected by Council.
The vote came after consultation with the public and after city staff came back to Council with their final recommendations for the Encampment Protocol. Council ended up approving the updated staff version of the Encampment Protocol without changes.
The debate regarding the Encampment Protocol was always more about where the city should allow encampments rather than if the city should allow encampments.
The city appeared to indicate it has little legal cover to remove homeless encampments.
The staff report says that “in 2019, the federal government enshrined housing as a human right under the National Housing Strategy Act and in 2023, the Ontario Superior Court of Justice ruled that municipalities need to have places for people experiencing homelessness to go – such as shelters or other housing solutions – before asking individuals to leave encampments.”
Encampment Protocol
The Encampment Protocol, ratified on August 18, allows encampments on public property, including in parks, but with certain restrictions. Restrictions include:
- Encampments must be at least 100 metres from schools, playgrounds, pools, and spray pads
- Must be at least 50 metres from sports fields, courts, baseball diamonds, beaches, and ponds
- Five tent maximum per encampment cluster and each five-tent cluster must be 50 metres apart
- Encampments must be at least 10 metres from private property lines and at least five metres away from bus stops
- Encampments cannot be in cemeteries or parking lots
Debate mainly focused on whether it is appropriate to allow encampments in municipal parks.
Residents across Hamilton have reported that some parks are unusable due to the presence of encampments, needles, garbage, and various concerning behaviours of those living in tents.
Indeed, the City of Hamilton has even cancelled programming and closed a wading pool in one city park.
The voting results for the Encampment Protocol were as follows:
Voting in favour of the Encampment Protocol (10): Andrea Horwath (Mayor), Maureen Wilson (Ward 1 – Chedoke-Cootes-Westdale), Cameron Kroetsch (Ward 2 – Downtown Hamilton), Nrinder Nann (Ward 3 – East Hamilton Centre), Tammy Hwang (Ward 4 – Hamilton East), John Paul Danko (Ward 8 – West/Central Mountain), Mark Tadeson (Ward 11 – Glanbrook-Binbrook-Mount Hope), Craig Cassar (Ward 12 – Ancaster-West Flamborough), Alex Wilson (Ward 13 – Dundas-Central Flamborough), Ted McMeekin (Ward 15 – East Flamborough-Waterdown).
Voting against the Encampment Protocol (6): Matt Francis (Ward 5 – Hamilton East-Stoney Creek), Tom Jackson (Ward 6 – East Mountain), Esther Pauls (Ward 7 – Central Mountain), Brad Clark (Ward 9 – Upper Stoney Creek), Jeff Beattie (Ward 10 – Stoney Creek-Fruitland-Winona), Mike Spadafora (Ward 14 – West Mountain)
Those voting in favour of the Encampment Protocol generally believed the Protocol to be reasonable and that encampments should be permitted by the city, including in public parks, but with specific restrictions.
Those voting against the Protocol generally argued that the Protocol should be stricter (such as prohibiting encampments in parks).
Councillor Encampment Opt-In Motion
However, before the vote on the Encampment Protocol, which applies to the entire city, Councillor Matt Francis (Ward 5 – Hamilton East-Stoney Creek) brought forward a motion to restrict encampments to specific wards. The motion was seconded by Councillor Jeff Beattie (Ward 10 – Stoney Creek-Fruitland-Winona).
The motion stipulated that encampments should only be permitted in a ward if the ward’s Councillor decides to opt in. If the Councillor chooses not to opt in then encampments should be prohibited in that ward.
Francis was accused by other Councillors of trying to divide the city and the motion failed 7-9.
The voting results were as follows:
Voting in favour of Francis’ motion were (7): Matt Francis (Ward 5 – Hamilton East-Stoney Creek), Tom Jackson (Ward 6 – East Mountain), Esther Pauls (Ward 7 – Central Mountain), John Paul Danko (Ward 8 – West/Central Mountain), Brad Clark (Ward 9 – Upper Stoney Creek), Jeff Beattie (Ward 10 – Stoney Creek-Fruitland-Winona), Mike Spadafora (Ward 14 – West Mountain)
Voting against Francis’ motion were (9): Andrea Horwath (Mayor), Maureen Wilson (Ward 1 – Chedoke-Cootes-Westdale), Cameron Kroetsch (Ward 2 – Downtown Hamilton), Nrinder Nann (Ward 3 – East Hamilton Centre), Tammy Hwang (Ward 4 – Hamilton East), Mark Tadeson (Ward 11 – Glanbrook-Binbrook-Mount Hope), Craig Cassar (Ward 12 – Ancaster-West Flamborough), Alex Wilson (Ward 13 – Dundas-Central Flamborough), Ted McMeekin (Ward 15 – East Flamborough-Waterdown).
Those voting against Francis’ motion generally believe that the encampment protocols should be uniform across the entire city with the restrictions approved by Council and that Councillors should not be able to “opt out” their ward from encampments.
Tiny Homes Approved
As part of the Encampment Protocol, city staff recommended the launch of 25 tiny homes.
The Hamilton Alliance for Tiny Shelters (HATS) had been trying to get Council to approve their initiative for a number of months. The launch of a tiny shelter program was finally approved by Council as part of the 10-6 vote in favour of the Encampment Protocol.
The two-year, 25 shelter program will see a tiny home community installed at Strachan Linear Park on a city-owned paved piece of land on Strachan Street East between James Street North and Hughson Street North.
The land is located just north of Liuna Station banquet and convention centre and just east of Bayfront Park.
A number of residents have expressed that there was no consultation on the location. Indeed, the location was very much sprung on Council and City of Hamilton residents alike when city staff came back with their updated recommendations.
Nevertheless, the tiny homes community will be set up within the next few weeks in time for winter. It will feature a community of 25 homes each with air conditioning, heat, a bed, and storage.
The community will also have communal facilities that include a kitchen, laundry facilities, washrooms, and showers.
The project appears to be entirely privately funded through donations.
At this point in time, Council has approved the tiny home community for two years.
Sanctioned Encampments Rejected
One of the items that staff were considering was the implementation of “sanctioned encampments” which would have seen the city designate three to five sites in the city where 20 to 50 tents could be set up.
Staff said that there was not a consensus on sanctioned encampments and recommended holding off on their creation at this time. Council went along with the staff’s decision. Thus, sanctioned encampments are not going to be implemented at this time.
Housing
Ultimately, the city says that “encampments are likely to exist for the foreseeable future” and essentially indicates that their hands are tied.
Staff write that the long-term solution is “safe and supportive housing,” and the City “cannot respond quickly enough to the growing, immediate needs of the unhoused in our community.”
They say that homelessness in Hamilton and in other areas of Canada has hit “crisis levels” requiring “immediate action.”
The City of Hamilton declared homelessness as a state of emergency in April 2023. The City of Toronto, Ottawa, and the Niagara Region have done the same.
The City of Hamilton says that there are over 1,700 people who are homeless as of June 30, 2023. That number is up from 1,024 in early 2020.
The city also estimates that there are approximately 100 encampments of varying sizes in the city.
Based in Hamilton, he reaches hundreds of thousands of people monthly on Facebook, Instagram, TikTok, and Twitter. He has been published in The Hamilton Spectator, Stoney Creek News, and Bay Observer. He has also been a segment host with Cable 14 Hamilton. In 2017, he received the Chancellor Full Tuition Scholarship from the University of Ottawa (BA, 2022). He has also received the Governor General’s Academic Medal. He formerly worked in a non-partisan role on Parliament Hill in Ottawa.
