On December 23, 2024, the Ontario Superior Court dismissed a Charter challenge brought against the City of Hamilton in Heegsma v. City of Hamilton, affirming the City’s authority to enforce its by-laws regulating encampments in public parks. Gowling WLG represented the City in the matter, which raised significant constitutional questions related to homelessness, municipal regulation and public space.

The application was brought by 14 individuals experiencing homelessness who alleged that Hamilton’s enforcement of its by-laws between August 2021 and August 2023 violated their rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. They claimed they were displaced from encampments despite limited shelter availability, and that the enforcement disproportionately affected marginalized groups.

Justice Ramsay dismissed the application in its entirety. The Court held that the City’s approach complied with Charter principles and existing jurisprudence, finding that the harms described stemmed from homelessness itself rather than the enforcement of by-laws. The ruling declined to extend Charter protections to daytime or indefinite encampments and acknowledged the City’s efforts to preserve public spaces while addressing complex housing needs.

Gowling WLG advised the City of Hamilton with a team that included Bevin Shores, Jordan Diacur, with support from Jennifer King, Erin Farrell and Vivian Caldas.