Hamilton council says no to using notwithstanding clause to address encampments

Hamilton city council voted Wednesday on a motion asking the Ontario government to invoke the notwithstanding clause to address encampments in public spaces.

The motion, introduced by Ward 5 Coun. Matt Francis, follows a call from 13 Ontario mayors urging Premier Doug Ford to use the clause to deal with encampments in their cities.

Hamilton’s current encampment protocol, introduced in 2023, allows temporary shelters in groups of no more than five people and mandates they be set up at least 100 metres from schools and 10 metres from private property. The city reports over 1,500 people are experiencing homelessness and around 300 people are in encampments.

Residents from local encampments gathered at Bayfront Park Tuesday, expressing feeling trapped by their circumstances. Many said they had no jobs, no permanent housing and nowhere else to go.

In response, the city recently approved 192 new shelter beds and 80 temporary outdoor shelter beds at Barton-Tiffany lands, adding to the 618 existing spaces.

Wednesday’s vote follows a proposal from last week to clear encampments from parks, which was postponed until next year. Coun. Francis has argued that it’s time to act and prioritize taxpayers’ rights over those of people living in encampments.

The mayor objected to Francis’ language and demanded an apology, which Francis refused, leading to his removal from the meeting.

Undeterred, Francis continued to push for his motion, which calls on the province to use the notwithstanding clause to overrule a court decision that grants the homeless the right to camp in parks.

Coun. Mike Spadafora moved the motion forward after Francis’ removal, citing resident concerns over safety in parks. He was supported by several councillors, including Brad Clark, who highlighted disturbing incidents in parks such as drug use and violent behavior.

However, some councillors, including Cameron Kroetsch, questioned whether the notwithstanding clause would address the underlying issues. Kroetsch argued it was a “knee-jerk reaction” with no clear solution.

The mayor also expressed doubt, emphasizing Hamilton’s compassionate community but citing “compassion fatigue” over the ongoing tensions surrounding encampments.