Ontario's Top Court Paves Way to Reopen Challenge of Hamilton's Anti-Encampment Law
The panel found flaws in the lower court’s reasoning and sent the Charter dispute back for a new hearing.
- Ontario's Appeal Court ordered a new trial in Hamilton's encampment case yesterday, citing significant flaws in the 2024 decision that allowed the City to remove homeless encampments from public parks.
- Justice Ramsay's 2024 ruling "lacked the depth of analysis that is required," the panel stated, and the judge improperly discounted resident testimony about overnight evictions based on stereotypes about mental illness.
- The Court also noted the appellants' legal challenge remained a "moving target," as they struggled to clearly identify whether they were contesting the By-law, the 2021 Encampment Process, or the City's specific evictions.
- A new judge at the Superior Court must now conduct fact-finding and apply sections 7 and 15 of the Charter to the evidence, assessing expert testimony afresh before deciding the case.
- The question of whether the City's bylaw is unconstitutional remains unresolved, as the Appeal Court declined to substitute its own decision on the merits, leaving the determination to the new judge.
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Ramsey decision that cleared encampments from Hamilton parks is tossed by Court of Appeal
The Court decision that enabled Hamilton to get encampments out of city parks has been sent back to a lower court for reconsideration. The three-judge panel was critical of the manner in which Justice Justice James A. Ramsay of the Superior Court of Justice, arrived at his 2024, decision to allow removal of the encampments . […] The post Ramsey decision that cleared encampments from Hamilton parks is tossed by Court of Appeal appeared first on b…
The Toronto Star
The RecordOntario’s top court paves way to reopen challenge of Hamilton’s anti-encampment law
Ontario’s top court has revived a constitutional challenge brought by a group of homeless people in Hamilton against the city’s anti-encampment bylaw.
Winnipeg Free Press
Ontario's top court paves way to reopen challenge of Hamilton's anti-encampment law
Ontario’s top court has revived a constitutional challenge brought by a group of homeless people in Hamilton against the city’s anti-encampment bylaw.
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