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p777 An Ontario Superior Court judge has ruled the City of Hamilton did not infringe on encampment residents' Charter rights when enforcing its bylaw that banned tents from parks. Justice James Ramsey sided with the city Monday in a scathing rebuke of encampments, following a three-day hearing last week. He wrote in his 15-page decision that the city is trying to find a solution to homelessness with limited resources, not showing "a disregard" for Charter rights, and should be left to do so without "micro-management by judges." "The public is generally sympathetic to the homeless, but it tires of seeing its public spaces appropriated by lawless, unsanitary encampments," he wrote. "There has to be a balance, and the democratic process is best equipped to achieve that balance." Hamilton encampment residents seek $445K from city over tent ban they say violated Charter rights Fourteen applicants, who've all experienced homelessness, were seeking a total of $445,000 from the city for evicting them from parks between August 2021 and 2023. Their lawyers, on behalf of the Hamilton Community Legal Clinic, argued the city's encampment ban (in place until last summer) violated their right to life, liberty and security, and was discriminatory as women, people with disabilities and Indigenous people were disproportionately impacted. 'Lawless, dangerous and unsanitary' The city denied any Charter breaches and argued shutting encampments down is necessary to protect parks, property, economic and social wellbeing, and community health and safety. Its lawyers said the ban didn't directly harm any people experiencing homelessness. While Ramsey acknowledged the court offers protection to society's most vulnerable that doesn't necessarily mean only people who are unhoused. "I observe that the most vulnerable includes not only the homeless but also the elderly person and the child who want to use a sidewalk or a city park without tiptoeing through used needles and human faeces," he said. A major argument made successfully by the city was that it didn't evict encampment residents at night — only during the day, Ramsey said. It therefore didn't stop people from creating shelter — in the form of tents — when indoor shelters were full. Hamilton council defers vote on banning encampments in parks to next year Another 'elaborate' hole, generator found under Gage Park encampment, say Hamilton police He noted most indoor shelters also require people to move out every morning. Ramsey also accepted evidence from medical experts that there are health risks associated with encampments to both residents and the public. Lawyers with the legal clinic told the court last week encampments residents faced increased risks of hypothermia, dehydration and sexual and physical assault, and lost access to privacy, medical care and essential items they'd otherwise have if they were allowed to pitch tents. In his decision, Ramsey said enforcement of the bylaw isn't what's putting their life, liberty and security at risk, however. "They are put at risk by homelessness. Encampments contribute to this risk. They are lawless, dangerous and unsanitary."

European stocks bounced around Monday while US equities shook off early weakness to push higher as investors waited to see if a so-called Santa Claus rally sweeps over the market. Global stock markets had a tumultuous time last week, spiraling lower after the US Federal Reserve signaled fewer interest rate cuts than had been expected for 2025. But it ended on a positive note as traders welcomed below-forecast US inflation data that raised hopes about the health of the world's biggest economy. That helped Asian markets move higher on Monday, but the positive trend faltered in Europe and stumbled initially in the United States. "Another up leg in US yields not only put pressure on stock indices but also drove the greenback higher," said IG analyst Axel Rudolph. But after a sluggish start, US stocks rose progressively in a quiet session with analysts pointing to low pre-holiday trading volumes. "Stocks didn't really have any direction in the morning, then we got this tech rally that just sort of drifted higher all day," said Steve Sosnick of Interactive Brokers. Analysts view elevated Treasury bond yields as a threat to year-end gains in an historically strong period of the calendar. Known as a Santa Claus rally, there are various explanations for the phenomenon including seasonal optimism and end-of-year tax considerations. But there remains some trepidation among investors as Donald Trump prepares to return to the White House, pledging to cut taxes, slash regulations and impose tariffs on imports, which some economists warn could reignite inflation. "The initial response to the US election was positive as investors focused on the obvious tailwinds to profitability: lower corporate tax rates and less regulation," said Ronald Temple, chief market strategist at Lazard. "However, I expect much more dispersion within the equity market when the reality of a much-less-friendly trade environment sets in." In Europe, the FTSE 100 moved higher as the pound slid following data that showed that the UK economy stagnated in the third quarter, revised down from initial estimates of 0.1 percent growth. Official data out of Spain on Monday showed that the Spanish economy grew 0.8 percent in the third quarter as domestic consumption and exports increased, comfortably outstripping the European Union average. In company news, shares in crisis-hit German auto giant Volkswagen lost more than three percent on the back of news Friday that it plans to axe 35,000 jobs by 2030 in a drastic cost-cutting plan. Shares in Japanese auto giant Honda rose over three percent after it announced Monday an agreement to launch merger talks with struggling compatriot Nissan that could create the world's third largest automaker. New York - Dow: UP 0.2 percent at 42,906.95 (close) New York - S&P 500: UP 0.7 percent at 5,974.89 (close) New York - Nasdaq Composite: UP 1.0 percent at 19,764.89 (close) London - FTSE 100: UP 0.2 percent at 8,102.72 (close) Paris - CAC 40: FLAT at 7,272.32 (close) Frankfurt - DAX: DOWN 0.2 percent at 19,848.77 (close) Tokyo - Nikkei 225: UP 1.2 percent at 39,161.34 (close) Hong Kong - Hang Seng Index: UP 0.8 percent at 19,883.13 (close) Shanghai - Composite: DOWN 0.5 percent at 3,351.26 (close) Euro/dollar: DOWN at $1.0408 from $1.0430 on Friday Pound/dollar: DOWN at $1.2531 from $1.2570 Dollar/yen: UP at 157.14 yen from 156.31 yen Euro/pound: UP at 83.03 pence from 82.97 pence West Texas Intermediate: DOWN 0.3 percent at $69.24 per barrel Brent North Sea Crude: DOWN 0.4 percent at $72.63 per barrel burs-jmb/jgc