Councillors back plan to allow some encampments in Hamilton

Hamilton is moving forward with an encampment protocol that will see unhoused people live at least 10 metres away from private property, 50 metres away from park amenities, and 100 metres away from schools, daycares and playgrounds.

The encampments will be limited to a grouping of five tents and that grouping must be 50 metres apart from each other. Outreach workers will be the first point of contact before bylaw or police are involved.

Councillors voted 10-6 in support of the set of rules for people who are experiencing homelessness, after more than seven hours of discussion at a general issues committee meeting Monday.

The protocol is separate from the proposed tiny home pilot and past discussion around sanctioned encampments. The plan will go to a formal vote at Friday's council meeting and would come into effect Monday, Aug. 21.

The protocol is meant to be a temporary measure in lieu of more help from the province and federal government. 

It's also meant to offer an alternative to dismantling encampments, which in recent years forced unhoused people to move to around the city, sometimes ending up in the same location they were first told to leave from. 

"I know that encampments are not the answer ... but dismantling them is not the answer, either," Mayor Andrea Horwath said Monday. 

The new protocol followed community consultations throughout June where thousands of residents brought up questions, concerns and offered feedback both online and in-person. 

It's not the plan a coalition of housing and homelessness advocates called for Monday morning, which they called the "People's Protocol." It would've put more power into the hands of the unhoused.

Locals express frustrations with city

Dale MacNiven was among those advocating for a different approach.

He stood in front of Hamilton City Hall Monday morning, leaning on his walking stick with tears in his eyes, a tremble in his voice and a megaphone in hand.

"It's heart-wrenching out here," the 70-year-old told reporters. "We are human beings, are we not?" 

MacNiven is one of the 1,700 people who are facing homelessness in Hamilton. The city said of those, roughly 165 are living on the street.

He said he didn't trust the police, putting his support behind the "People's Protocol."

At the start of committee meeting, local housing advocates Gessie Stearns and Shabeeh Ahmad also shared support for the alternative plan, saying unhoused people need to be more involved.

Others said the city's approach hasn't done enough to support residents who live nearby.

Jordan Nicholson, a homeowner in the lower city, told councillors she lives near an encampment and has seen Ziploc bags full of urine, used condoms and food left near her driveway.

She said the city should be installing portable toilets near encampments.

Cassie Kruchka, with the Stoney Creek Optimist Little League, said the group's volunteers have found used needles, broken glass and human feces on their local baseball field, which has led families to say they won't stay with the league.

Protocol to cost $2.9 million in 2024

Ward 4 Coun. Matt Francis suggested the encampment protocol be an opt-in process, so that encampments could only be permitted in a ward if the councillor allowed it. The motion sparked debate and failed.

Ward 2 Coun. Cameron Kroetsch tried to make the distance requirements for encampments looser and to have staff consider the People's Protocol, but both motions failed.

The new protocol will aim to address some concerns raised by some members of the public by giving encampment residents access to two 24/7 washrooms and two showers, 12 hours daily.

The location for those aren't set, but security would be on hand in those spots.

There will also be garbage clean-up at the sites, peer support and Indigenous services, as well as a liaison committee with key stakeholders.

The cost of the new encampment protocol — which includes implementation and staffing — would be $2.9 million in 2024 and $255,000 in capital costs, the city says.

As for complaints, the city plan says bylaw officers will have to respond within 11 days and police may get involved depending on the situation.

Mayor Andrea Horwath said the protocol is a piece of a bigger strategy. She also said the work will take time, patience and compassion.

"The reality is all of our systems are in crisis right now and so people are in crisis," she said. "The encampment protocols shouldn't be seen as an end goal ... it's simply a place for us to start."

How they voted:

In support of the city's encampment protocol: Horwath (mayor), Wilson (Ward 1), Kroetsch (Ward 2), Nann (Ward 3), Hwang (Ward 4), Danko (Ward 8), Tadeson (Ward 11), Cassar (Ward 12), Wilson (Ward 13), McMeekin (Ward 15).

Against the city's encampment protocol: Francis (Ward 5), Jackson (Ward 6), Pauls (Ward 7), Clark (Ward 9), Beattie (Ward 10), Spadafora (Ward 14).