2 total
The court dismissed a Charter challenge seeking to establish a right to maintain indefinite daytime homeless encampments in public parks.
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.
The court dismissed a Charter challenge to the medical cannabis mail-order regime, finding it provided reasonable access.
Applicants charged with Controlled Drugs and Substances Act offences related to possession and sale of cannabis brought a joint application challenging the constitutionality of sections 5(2) and 4 of the CDSA in combination with the Access to Cannabis for Medical Purposes Regulations.
The applicants argued the provisions violated sections 7, 15, and 2(b) of the Canadian Charter of Rights and Freedoms.
The court dismissed the application, finding no violations of the Charter.
The court held that the ACMPR regime provided reasonable access to medical cannabis through multiple avenues and did not arbitrarily deprive applicants of liberty, discriminate against disabled persons or homeless individuals, or infringe freedom of expression.
