The applicants, 14 homeless individuals, sought a declaration that the City of Hamilton's enforcement of its Parks by-law from August 2021 to August 2023 breached their Charter rights under s.7 (life, liberty, security of the person) and s.15 (equality), and sought damages.
The applicants argued they were prevented from staying overnight and forced to move daily due to insufficient accessible shelter beds.
The court found that applicants were not prevented from staying overnight and declined to extend Charter protection to allow indefinite daytime encampments, disagreeing with prior jurisprudence (Victoria v. Adams, Waterloo v. Persons Unknown) on the basis that encampments are inherently dangerous and unsanitary, and the City's actions were not in bad faith.
The court also found no s.15 violation, as homelessness is not an enumerated or analogous ground, and the by-law did not differentially treat disadvantaged groups.
The application was dismissed.
