Ontario’s top court paves way to reopen challenge of Hamilton’s anti-encampment law

On Friday, the Ontario Court of Appeal revived a legal challenge against Hamilton’s anti-encampment bylaw, clearing the path for the case to be reopened before a new trial judge. The appellate panel determined that the lower court had improperly relied on stereotypes when discounting the testimony of certain homeless residents.

With this ruling, the core constitutional questions surrounding the city's anti-encampment bylaw and its enforcement practices remain unresolved. Instead of making a final determination, the top court has shifted the responsibility back to the trial level to decide the legality of the measures under a fresh judicial review.