Ontario’s top court has revived a constitutional challenge brought by a group of homeless people in Hamilton against the city’s anti-encampment bylaw.
The question of whether the bylaw is unconstitutional has been left for a new judge to decide after the Court of Appeal for Ontario found flaws in a lower court’s decision to dismiss the challenge.
The Appeal Court found the trial judge’s ruling leaned heavily on his finding that the city did not carry out overnight encampment evictions, contrary to the testimony of several residents.
Today’s ruling says the trial judge discounted that testimony based on stereotypes about mental illness and addictions.
The Appeal Court panel also says on key legal issues the trial judge’s reasons “lacked the depth of analysis that is required” when dealing with homeless encampments.
The city did not immediately respond to a request for comment.
This report by The Canadian Press was first published Oct. 9, 2026.
Jordan Omstead, The Canadian Press
