Joey Coleman
@joeycoleman.ca
Hamiltonian, publisher of http://thepublicrecord.ca
I cover Hamilton City Hall with reader support.
www.joeycoleman.ca
I cover Hamilton City Hall with reader support.
www.joeycoleman.ca
Section 15 Charter arguments are ongoing.
Sum is that woman and men are reported to have nearly equal experiences of being homeless, yet the number of men's emergency shelter beds is nearly double that of beds for women.
There is disportionate impact on women by banning encampments. #yhmcc
Sum is that woman and men are reported to have nearly equal experiences of being homeless, yet the number of men's emergency shelter beds is nearly double that of beds for women.
There is disportionate impact on women by banning encampments. #yhmcc
February 10, 2026 at 5:15 PM
Section 15 Charter arguments are ongoing.
Sum is that woman and men are reported to have nearly equal experiences of being homeless, yet the number of men's emergency shelter beds is nearly double that of beds for women.
There is disportionate impact on women by banning encampments. #yhmcc
Sum is that woman and men are reported to have nearly equal experiences of being homeless, yet the number of men's emergency shelter beds is nearly double that of beds for women.
There is disportionate impact on women by banning encampments. #yhmcc
Catch up, not check up.
February 10, 2026 at 5:01 PM
Catch up, not check up.
A morning break was taken by the Court. [I used it to check up on my posting]
We are now on Section 15 arguments, that woman and non-binary persons experience greater harm from the City's structuring of the shelter system, and have greater need to encamp. #yhmcc
We are now on Section 15 arguments, that woman and non-binary persons experience greater harm from the City's structuring of the shelter system, and have greater need to encamp. #yhmcc
February 10, 2026 at 4:59 PM
A morning break was taken by the Court. [I used it to check up on my posting]
We are now on Section 15 arguments, that woman and non-binary persons experience greater harm from the City's structuring of the shelter system, and have greater need to encamp. #yhmcc
We are now on Section 15 arguments, that woman and non-binary persons experience greater harm from the City's structuring of the shelter system, and have greater need to encamp. #yhmcc
Choudhry: "There is some benefit for people being able to select with whom they encampment … a space for a little community, it is not creating a sub-division.”
“It is no different than any other limits in society" he says of the ability to have rules/regulations.
#yhmcc
“It is no different than any other limits in society" he says of the ability to have rules/regulations.
#yhmcc
February 10, 2026 at 4:58 PM
Choudhry: "There is some benefit for people being able to select with whom they encampment … a space for a little community, it is not creating a sub-division.”
“It is no different than any other limits in society" he says of the ability to have rules/regulations.
#yhmcc
“It is no different than any other limits in society" he says of the ability to have rules/regulations.
#yhmcc
Justice Huscroft: “You are suggesting an encampment subdivision”
Choudhry: “There is a limit to the number of tents that can be in a cluster due to countervailing interests" #yhmcc
Choudhry: “There is a limit to the number of tents that can be in a cluster due to countervailing interests" #yhmcc
February 10, 2026 at 4:58 PM
Justice Huscroft: “You are suggesting an encampment subdivision”
Choudhry: “There is a limit to the number of tents that can be in a cluster due to countervailing interests" #yhmcc
Choudhry: “There is a limit to the number of tents that can be in a cluster due to countervailing interests" #yhmcc
For around five minutes, there was a back-and-forth regarding if Choudhry's argument amounts to create permanent "encampment subdivisions", then what is reasonable under Section 1. #yhmcc
February 10, 2026 at 4:58 PM
For around five minutes, there was a back-and-forth regarding if Choudhry's argument amounts to create permanent "encampment subdivisions", then what is reasonable under Section 1. #yhmcc
Justice Huscroft: "I’m not sure how that helps you here, that people want housing, there is no obligation to provide housing, that is not what you are arguing here, is it?”
Choudhry "If they are looking for housing, they should be able to stay [encampmed] under Section 7” #yhmcc
Choudhry "If they are looking for housing, they should be able to stay [encampmed] under Section 7” #yhmcc
February 10, 2026 at 4:58 PM
Justice Huscroft: "I’m not sure how that helps you here, that people want housing, there is no obligation to provide housing, that is not what you are arguing here, is it?”
Choudhry "If they are looking for housing, they should be able to stay [encampmed] under Section 7” #yhmcc
Choudhry "If they are looking for housing, they should be able to stay [encampmed] under Section 7” #yhmcc
Justice Huscroft then emphasised he is asking about the people "who will never go into any kind of shelter" to which Choudhry responded Section 1 permits regulations/rules.
February 10, 2026 at 4:58 PM
Justice Huscroft then emphasised he is asking about the people "who will never go into any kind of shelter" to which Choudhry responded Section 1 permits regulations/rules.
Justice Huscroft: “29 percent of people in encampments do not want to leave, what follows from that?"
Choudhry "“Under Section 1, the City can regulate where they live. What they cannot do is deny them the right to encampment.” #yhmcc
Choudhry "“Under Section 1, the City can regulate where they live. What they cannot do is deny them the right to encampment.” #yhmcc
February 10, 2026 at 4:47 PM
Justice Huscroft: “29 percent of people in encampments do not want to leave, what follows from that?"
Choudhry "“Under Section 1, the City can regulate where they live. What they cannot do is deny them the right to encampment.” #yhmcc
Choudhry "“Under Section 1, the City can regulate where they live. What they cannot do is deny them the right to encampment.” #yhmcc
Choudhry clarified they are arguing "The Coty can set rules regarding where encampments can be, the size of tents, the number of tents" and a list of other rules, but they should be permitted to remain during the day. #yhmcc
February 10, 2026 at 4:47 PM
Choudhry clarified they are arguing "The Coty can set rules regarding where encampments can be, the size of tents, the number of tents" and a list of other rules, but they should be permitted to remain during the day. #yhmcc
To which Justice Huscroft states he was not understandign the submission because of what he argued could be a contradiction between the argument encampments a Section 7 Right to Life issue yet they could be picked up and moved [night only restrictions] under Section 1. #yhmcc
February 10, 2026 at 4:47 PM
To which Justice Huscroft states he was not understandign the submission because of what he argued could be a contradiction between the argument encampments a Section 7 Right to Life issue yet they could be picked up and moved [night only restrictions] under Section 1. #yhmcc
Choudhry responded by stating that municipalities can regulate encampment activities by those for who shelters are not an option due to accessibilty/need.
Cites upheld frameworks in British Columbia as en example. Says Section 1 of the Charter would permit reasonable rules/regulations. #yhmcc
Cites upheld frameworks in British Columbia as en example. Says Section 1 of the Charter would permit reasonable rules/regulations. #yhmcc
February 10, 2026 at 4:47 PM
Choudhry responded by stating that municipalities can regulate encampment activities by those for who shelters are not an option due to accessibilty/need.
Cites upheld frameworks in British Columbia as en example. Says Section 1 of the Charter would permit reasonable rules/regulations. #yhmcc
Cites upheld frameworks in British Columbia as en example. Says Section 1 of the Charter would permit reasonable rules/regulations. #yhmcc
Justice Huscroft responded the panel wants to focus on the 29 per cent [who will not use shelters]
'Are they entitled to set up an "encampment subdivision", is the argument "that's constitutionally required?"
That 'they stay in the encampment if they feel like it?'
'Are they entitled to set up an "encampment subdivision", is the argument "that's constitutionally required?"
That 'they stay in the encampment if they feel like it?'
February 10, 2026 at 4:47 PM
Justice Huscroft responded the panel wants to focus on the 29 per cent [who will not use shelters]
'Are they entitled to set up an "encampment subdivision", is the argument "that's constitutionally required?"
That 'they stay in the encampment if they feel like it?'
'Are they entitled to set up an "encampment subdivision", is the argument "that's constitutionally required?"
That 'they stay in the encampment if they feel like it?'
"We certainly cannot wish them away, they are human beings, they need to sleep somewhere ... what we say is it is unconstitutional to ban them from erecting a tent because we don't want to see them, we want them to move on." -Choudhry #yhmcc
February 10, 2026 at 4:47 PM
"We certainly cannot wish them away, they are human beings, they need to sleep somewhere ... what we say is it is unconstitutional to ban them from erecting a tent because we don't want to see them, we want them to move on." -Choudhry #yhmcc
Encampment litigant's lawyer Sujit Choudhry responds that with Section 1 reasonable limits, this population needs to be address.
Quote in next post #yhmcc
Quote in next post #yhmcc
February 10, 2026 at 4:47 PM
Encampment litigant's lawyer Sujit Choudhry responds that with Section 1 reasonable limits, this population needs to be address.
Quote in next post #yhmcc
Quote in next post #yhmcc
There was approx 15 mins of back and forth between the Justices and encampment appellant lawyer Choundry regarding a survey that found 29 per cent of those encampment would not accept any shelter space
Justice Huscort asked if the argument is those 29% should have a Charter Right to encamp #yhmcc
Justice Huscort asked if the argument is those 29% should have a Charter Right to encamp #yhmcc
February 10, 2026 at 4:47 PM
There was approx 15 mins of back and forth between the Justices and encampment appellant lawyer Choundry regarding a survey that found 29 per cent of those encampment would not accept any shelter space
Justice Huscort asked if the argument is those 29% should have a Charter Right to encamp #yhmcc
Justice Huscort asked if the argument is those 29% should have a Charter Right to encamp #yhmcc
Choudhry now discussing the medical expert evidence that encamping in a tent provides some shelter, warm, and some level of protection against risks and harms of being homelessness - that homelessness is the problem, not the ability to erect a tent for shelter. #yhmcc
February 10, 2026 at 4:06 PM
Choudhry now discussing the medical expert evidence that encamping in a tent provides some shelter, warm, and some level of protection against risks and harms of being homelessness - that homelessness is the problem, not the ability to erect a tent for shelter. #yhmcc
Choudhry now discussing shelter restrictions, people being service restricted.
Then turns to the issue of separation of couples, that shelters are gender-based and single bed. This is not accessible.
Choudhry is arguing why the ONCA should follow Justice Valente's 2023 Waterloo decision. #yhmcc
Then turns to the issue of separation of couples, that shelters are gender-based and single bed. This is not accessible.
Choudhry is arguing why the ONCA should follow Justice Valente's 2023 Waterloo decision. #yhmcc
February 10, 2026 at 4:03 PM
Choudhry now discussing shelter restrictions, people being service restricted.
Then turns to the issue of separation of couples, that shelters are gender-based and single bed. This is not accessible.
Choudhry is arguing why the ONCA should follow Justice Valente's 2023 Waterloo decision. #yhmcc
Then turns to the issue of separation of couples, that shelters are gender-based and single bed. This is not accessible.
Choudhry is arguing why the ONCA should follow Justice Valente's 2023 Waterloo decision. #yhmcc
Choudhry says the idea of "accessible shelter space" is an "objective measure" that people with high-acuity require shelters spaces which meet their needs.
This includes low-barrier housing and supports. [Such as noted in the 2023 Waterloo decision.] thepublicrecord.ca/2023/02/onta...
This includes low-barrier housing and supports. [Such as noted in the 2023 Waterloo decision.] thepublicrecord.ca/2023/02/onta...
Ontario Superior Court Strikes Down Waterloo Encampment Bylaw
Judge rules Waterloo Region cannot remove encampment until it provides "accessible" shelter spaces for couples, those with pets, and supports for addictions.
thepublicrecord.ca
February 10, 2026 at 4:03 PM
Choudhry says the idea of "accessible shelter space" is an "objective measure" that people with high-acuity require shelters spaces which meet their needs.
This includes low-barrier housing and supports. [Such as noted in the 2023 Waterloo decision.] thepublicrecord.ca/2023/02/onta...
This includes low-barrier housing and supports. [Such as noted in the 2023 Waterloo decision.] thepublicrecord.ca/2023/02/onta...
Justice Favreau asks a question of clarification regarding how the City of Hamilton counts the number of homeless/unhoused versus estimates of this count. #yhmcc
February 10, 2026 at 3:55 PM
Justice Favreau asks a question of clarification regarding how the City of Hamilton counts the number of homeless/unhoused versus estimates of this count. #yhmcc
Justice Huscroft asks Choudhry if there is evidence regarding how the City can know / not know what shelter space demand will be.
[Gets to the legal issue of what is significant capacity, when are shelters full] #yhmcc
[Gets to the legal issue of what is significant capacity, when are shelters full] #yhmcc
February 10, 2026 at 3:53 PM
Justice Huscroft asks Choudhry if there is evidence regarding how the City can know / not know what shelter space demand will be.
[Gets to the legal issue of what is significant capacity, when are shelters full] #yhmcc
[Gets to the legal issue of what is significant capacity, when are shelters full] #yhmcc
Choudhry is discussing how the City counts available shelter spaces, notes that a City-rented hotel room counts as four beds in the City's count, but a family may not be four people. Thus, the City's total number is an overcount. #yhmcc
February 10, 2026 at 3:49 PM
Choudhry is discussing how the City counts available shelter spaces, notes that a City-rented hotel room counts as four beds in the City's count, but a family may not be four people. Thus, the City's total number is an overcount. #yhmcc
Arguing admissibility of the City of Hamilton documents, regarding the rules of evidence, the public records exception.
There is complexity to the rules of evidence. In short, Justice Ramsey did not allow the documents to be entered into the record. Choudry is arguing that's an error of law #yhmcc
There is complexity to the rules of evidence. In short, Justice Ramsey did not allow the documents to be entered into the record. Choudry is arguing that's an error of law #yhmcc
February 10, 2026 at 3:42 PM
Arguing admissibility of the City of Hamilton documents, regarding the rules of evidence, the public records exception.
There is complexity to the rules of evidence. In short, Justice Ramsey did not allow the documents to be entered into the record. Choudry is arguing that's an error of law #yhmcc
There is complexity to the rules of evidence. In short, Justice Ramsey did not allow the documents to be entered into the record. Choudry is arguing that's an error of law #yhmcc