10/15/2026
A tent is not a constitutional exemption. And being homeless does not mean being rights-less.
In Heegsma v. Hamilton, 2026 ONCA 726, the Ontario Court of Appeal sent a homelessness-related Charter case back for a fresh hearing after finding serious errors in how the evidence and constitutional claims were assessed.
Apparently, even when you have no roof over your head, you are still entitled to have your evidence taken seriously. Hindi porke walang bahay, wala nang boses. And mental illness or addiction is no excuse to dismiss someone's testimony based on stereotypes.
Let's be clear: the Court did not declare all encampment evictions illegal. But it did make clear that serious constitutional claims deserve serious legal analysis.
A city may manage its parks. But managing public spaces does not mean checking human dignity at the park entrance.
The rule of law is not just for people who can afford a roof over their heads.
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