CCLA Intervening to Defend Rights of Unhoused People in Landmark Ontario Appeal

TORONTO — The Canadian Civil Liberties Association has been granted leave to intervene in an appeal before the Court of Appeal for Ontario in Heegsma et al. v. City of Hamilton.

This appeal concerns the City of Hamilton’s enforcement of bylaws and actions taken to dismantle encampments, which restricted the ability of unhoused people to shelter themselves in public spaces.

“Unhoused people are among the most marginalized members of society, and the stakes of this case are profound for their safety, dignity, and autonomy” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association (CCLA).

“This case raises fundamental constitutional questions about how governments respond to homelessness and the limits the Charter places on municipal enforcement actions against encampment residents” added Sivalingam.

This is the first encampment-related case to be heard by the Court of Appeal for Ontario, making it a pivotal moment for the protection of the fundamental rights of unhoused encampment residents. The Court of Appeal’s guidance in this case will have significant implications for unhoused people and municipalities across Ontario and potentially in other jurisdictions grappling with encampments and housing precarity.

“The goal of the CCLA intervention is to help ensure that constitutional and human rights do not stop at the edge of an encampment and that municipal responses to homelessness are grounded in dignity, equality, and respect for Charter and human rights obligations” said Howard Sapers, CCLA Executive Director.

The CCLA will argue that international human rights standards and Canada’s commitments under the National Housing Strategy Act should inform the Court’s interpretation and application of section 7 to the circumstances of unhoused encampment residents, including the right not to be deprived of basic shelter by state action.

The hearing before the Court of Appeal for Ontario is scheduled for February 10 and 11, 2026.

CCLA is grateful for the excellent pro bono legal representation of Tina Yang and Naomi Greckol-Herlick of Goldblatt Partners LLP in this case.

Read the factum (written legal arguments) in this case here.