HAMILTON — Ontario's Court of Appeal has set aside a 2024 decision that dismissed a Charter challenge to Hamilton's enforcement of its parks bylaw against people living in encampments, ordering the case heard again by a different Superior Court judge.

The unanimous appeal panel did not decide whether the bylaw or the city's past enforcement practices are unconstitutional. That question will return to the lower court for a fresh hearing.

Appeal court finds multiple errors

The case was brought by 14 people who experienced homelessness and challenged evictions from Hamilton parks between August 2021 and August 2023. They argued that the city's actions breached their rights to life, liberty and security of the person under Section 7 of the Canadian Charter of Rights and Freedoms, as well as equality rights under Section 15.

In the lower-court ruling, Justice James Ramsay concluded that none of the applicants had been evicted at night. The Court of Appeal said that factual finding was central to the result but was reached without an adequate analysis of the residents' individual evidence.

Writing for the panel, Justice Lise Favreau said it was improper to treat the residents' testimony as collectively unreliable because most lived with mental-health conditions or addiction. The appeal ruling said that approach perpetuated myths and stereotypes and that each person's evidence required an individual assessment.

The panel also found that the lower court improperly excluded some evidence, including information about Hamilton's homeless population, and did not fully apply the legal tests required for the Charter claims. The decision said the original reasons lacked the necessary depth for issues of significant public importance.

Bylaw remains in force

The appeal ruling does not suspend Hamilton's bylaw or make an order restricting enforcement. It also does not decide whether the applicants will ultimately succeed when the case is reheard.

The City of Hamilton told The Canadian Press it is reviewing the decision's implications. The city said it remains committed to supporting people experiencing homelessness while keeping parks and other public spaces accessible, and pointed to more than $130 million in housing and homelessness spending this year.

Hamilton's 2023 encampment protocol is not at issue in the appeal decision because council rescinded that policy in March 2025. The rehearing concerns the earlier enforcement period and will require the applicants to clarify precisely which parts of the bylaw, enforcement process or individual evictions they are challenging.

What happens next

The matter returns to Superior Court, where a different judge will reassess the evidence and the Charter arguments. No new hearing date was announced Friday.

The ruling could influence how future Ontario courts examine evidence in encampment cases, but the appeal panel declined to establish a broad province-wide constitutional framework without complete factual findings from a trial court.

Sources: Court of Appeal for Ontario decision in Heegsma v. Hamilton (City), released October 9; The Public Record, updated October 9; The Canadian Press via CHCH News, updated October 9 at 5:10 p.m. Eastern; City of Hamilton statement on the 2024 ruling.

Lead image: flag of Hamilton, Ontario, via Wikimedia Commons; not a photograph of the litigants, an encampment or the court hearing.