Andrew Mrozowski/Executive Editor

The new bylaw can charge violators up to $25,000 for participating in a nuisance party

Oct. 2, 2021 was a dark day for the McMaster University community. Approximately 5,000 students took to the south side of Dalewood Ave. to partake in what they deemed FOCO, or fake homecoming party. Students were on roofs, in trees, trespassing on private property. Videos from the day even showed a small group flipping a car

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The cost of the damage done by students was in the thousands. Tickets were issued and arrests were made, but there was an overwhelming feeling among students that this party shouldn’t have happened. 

“The moment it got bad was when a car got flipped, that was disgusting,” said Darius Caimac, a political science student at McMaster, to CBC Hamilton last fall. 

The McMaster community quickly realized that many of the students in attendance were not from McMaster, but other universities

“Most people that disrupted last year were not even McMaster community members, they were in fact from other parts of Hamilton or even other institutions,” said McMaster Students Union President Simranjeet Singh. 

Most people that disrupted last year were not even McMaster community members, they were in fact from other parts of Hamilton or even other institutions

Simranjeet Singh, mcmaster students' union president

As a part of the MSU’s efforts to be good neighbours, a clean-up of Dalewood Ave. and surrounding areas was organized with the MSU Maroons the day after FOCO. A service provided by the students union, the Maroons are a group of students dedicated to fostering community between McMaster students, the university and the wider city of Hamilton. 

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On an administrative level, McMaster University officials were quick to act and reassure the Hamilton community. 

“[We] owe our neighbours, our emergency workers and every other student an apology for the disruptions, disrespect of property and disregard of those who live in our community. On their behalf, I apologize for this behaviour, particularly by those who caused damage and put anyone at risk. Such actions are completely unacceptable,” wrote McMaster President David Farrar on McMaster Daily News

Students were equally disappointed with their peers. 

"The reputation of McMaster and all of the students is hurt," said Caimac to CBC Hamilton last fall. 

Despite the efforts of both McMaster University and the MSU, word of FOCO unfortunately bled outside of the city’s boundaries. The unsanctioned gathering was largely picked up by media outlets across the greater Toronto area with many asking what was happening at McMaster University. 

RESPONSE FROM THE CITY OF HAMILTON 

In Oct. 2021, Hamilton was in a vulnerable position due to COVID-19 according to the medical officer of health. The city was in “step 3” of Ontario’s reopening plan, meaning outdoor gatherings were limited to 100 people. Compared to the estimated 5,000 individuals who attended, the city of Hamilton was not impressed by the unsanctioned gathering that occurred during FOCO. 

Mayor of Hamilton Fred Eisenberger made a statement at a media briefing a couple days after the FOCO party occurred with regards to how it could have impacted the city’s COVID case count. 

“You have to be living under a rock to not understand and appreciate getting together on this level of a scale is potentially going to spread a virus,” said Eisenberger as per CBC Hamilton

Ward 1 city councillor Maureen Wilson took to Twitter to share her frustrations at the damage caused by the FOCO party. 

"This is unacceptable and dangerous. Someone is going to get killed. Past time for @McMasterU to own this annual community debacle. Let's send them the bill for all policing, paramedic & clean up costs. Mac President — get your house in order & stop trashing ours,” tweeted Wilson shortly after the party occurred. 

This is unacceptable & dangerous. Someone is going to get killed. Past time for @McMasterU to own this annual community debacle. Let's send them the bill for all policing, paramedic & clean up costs. Mac President - get your house in order & stop trashing ours. pic.twitter.com/KIh6oIXq6I

— Maureen Wilson (She / Her) (@ward1wilson) October 3, 2021

The councillor later went on to give a statement to CBC Hamilton about the events of FOCO. 

"When students are here to study, I see them as residents. So I will advocate for their health and their safety but when you are here as a resident, you have responsibilities. Act like an adult and be responsible," said Wilson to CBC Hamilton.  

In the same interview, she also stated: “Like most of the residents who live in that area, I'm outraged and hold the university responsible and I hold those students responsible.” 

Wilson held the McMaster community responsible for the events of FOCO, but she did not publicly acknowledge that many of the individuals charged were from outside of Hamilton and other institutions.  

DEVELOPMENT OF THE NUISANCE PARTY BYLAW  

On Feb. 1, 2022, Wilson put forth a motion to Hamilton’s planning committee to start consultation with stakeholders in the community. Their job was to identify potential measures to mitigate damage caused by future large social gatherings — kickstarting the process for Hamilton’s own nuisance party bylaw. 

There is precedence for such a bylaw in other municipalities, including London, Guelph and Brampton

Such a bylaw would help to mitigate the costs for city services during large social gatherings, such as FOCO. During the FOCO party in 2021, Hamilton Paramedic Services reported an expenditure of $19,605.76 and Road Maintenance reported an expenditure of $1,731.37. While Hamilton Police Services and Municipal Law Enforcement did not collect cost metrics, in an emailed statement to the Silhouette HPS Superintendent David J. Hennick said there was an expenditure of approximately $20,800.00 in labour costs and approximately $6,200.00 in overtime costs, adding up to approximately $27,000. 

“While I appreciate that cost may be one factor, it was not the main factor. Public safety and the deterrence of such events in our community led to the implementation of this bylaw being brought to Hamilton and it was believed that the implementation of this bylaw will help in that regard,” said Hennick. 

A report provided to Hamilton’s planning committee on Sept. 6, 2022, revealed that emergency services in Hamilton; urban planning departments of the city; other municipalities; McMaster University; McMaster Students’ Union; Mohawk College and Mohawk Students’ Association were consulted leading up to the creation of the bylaw. 

However, when asked about their involvement in the development of the actual bylaw, Singh and McMaster Dean of Students Sean Van Koughnett said the university was left in the dark. 

“The city went ahead and determined internally that they were going to create this bylaw. We were not engaged in the development of that bylaw . . . We weren’t engaged directly in the development of it or even indirectly,” said Van Koughnett. 

The city went ahead and determined internally that they were going to create this bylaw. We were not engaged in the development of that bylaw . . . We weren’t engaged directly in the development of it or even indirectly

Sean Van Koughnett, McMaster University Dean of Students

Singh confirmed Van Koughnett’s statement. The MSU President also shared concerns that the needs of the McMaster student community were not being thoroughly considered. 

“This was an initiative taken upon by, I believe, councillors [and] the city to do what they feel best represents their constituents. My view is that, in part of that process, we must also be aware of what needs are of a very important demographic in Hamilton, which is the student body of McMaster University. We just hope that in the future there's more clarity provided in terms of how this legislation will be applied. And when it is applied, it is in a just and fair way and it does not target students,” said Singh. 

And when it is applied, it is in a just and fair way and it does not target students

Simranjeet Singh, Mcmaster Students' Union President

ABOUT THE BYLAW 

The nuisance party bylaw was approved by city council on Sept. 14 and came into effect immediately.  

According to the definition outlined in the bylaw, a nuisance party is considered an event that results in  

The bylaw details the consequences for hosting or participating in such an event. 

“Under the bylaw, it is an offence to sponsor, conduct, continue, host, create, allow, cause or permit a nuisance party. Attendees of a nuisance party may be charged if they fail to immediately leave upon the order of police. If charged an individual host, property owner or attendee can face up to $10,000 for a first offence and $25,000 for any subsequent offence related a nuisance party,” said Monica Ciriello, director of Hamilton licensing and bylaw services in a statement emailed to the Silhouette.

 If charged an individual host, property owner or attendee can face up to $10,000 for a first offence and $25,000 for any subsequent offence related a nuisance party

Monica Ciriello, director of Hamilton licensing and bylaw services

According to a document on the city of Hamilton website, a breakdown of administrative penalties for the bylaw are as follows: 

Designated Bylaw & Section Short Form Wording Set Penalty 
Sponsoring, conducting, continuing, hosting, creating, causing, allowing or permitting a Nuisance Party $500 
Attending a nuisance party $300 
Owner/occupant allowing, causing or permitting a nuisance party $300 
10 Using a highway that has been closed without authority $300 
11 Removing or defacing any barricade or highway sign without authority $300 
12 Failing to comply with order to cease nuisance party $400 
13 Failling to comply with order to leave premise $300 
21 Obstructing an officer $400 

Unique to Hamilton’s iteration of the nuisance party bylaw is the addition of the University District Safety Initiative. The UDSI was developed in partnership between the city and HPS to further support the enforcement of the bylaw and its goals. 

“During specific time periods during the year; specifically, St. Patrick’s Day, Homecoming and “Fake Homecoming”, the “University District Safety Initiative” would be in effect and nuisance parties within them would be subject to a zero-tolerance approach, acting to minimize the negative effects of an ongoing nuisance party and ensuring those involved are held accountable,” stated the Sept. 6 report. 

In essence, the City of Hamilton does not need to declare a nuisance party in order to ticket people who are participating in large unsanctioned gatherings around McMaster. 

The area covered by the UDSI spans the east side of McMaster campus, north of Main St. W. between Forsyth Ave to King St. W. and Main St. W. to Oak Knoll Dr. It also covers south of campus from Main St. W. to Baxter St and Bowman St. To Dow Av. This notably includes the area where FOCO occurred last year. 

The UDSI is currently in effect from 12:00 a.m. on Sept. 28 to 11:59 p.m. on Oct. 2. 

SIMILAR BYLAWS IN OTHER CITIES 

Waterloo, London, Guelph, Brampton and Kingston all have implemented similar bylaws. Waterloo and Kingston were both directly consulted by Hamilton in preparation of the Sept. 6 report. Hamilton’s iteration of the nuisance party bylaw is remarkably similar to Kingston’s bylaw.  

“Each representative [of bylaw enforcement in other municipalities] was supportive of nuisance party provisions, indicating it was beneficial to officers as an additional enforcement tool,” stated the bylaw report from Sept. 6. 

The Silhouette reached out to the students’ unions at both the University of Waterloo and Queens University about whether they felt their bylaws have been used as an effective “enforcement tool”. 

Alma Mater Society Queen’s Commissioner of External Affairs Sahiba Gulati said the bylaws did not stop students from forming large gatherings. 

“With the bylaws in place [in Kingston], there have been some incidents where students were being wrongfully ticketed when passing by or not able to enter their student houses due to bylaw officers breaking up large gatherings on their streets. Last year especially was a bad year for us as we had police contact from all over the GTA including police on horses for the situation, making our students feel unsafe,” said Gulati in an emailed statement to the Silhouette.  

Waterloo Undergraduate Student Association President Stephanie Ye Mowe shared similar sentiments about the effectiveness from the city of Waterloo’s bylaw. 

“Nuisance bylaws can be useful tools, but fear of fines aren’t keeping students off the streets in this case and municipalities should recognize the risk of bylaws being weaponized against student communities,” said Ye Mowe in an emailed statement to the Silhouette

Nuisance bylaws can be useful tools, but fear of fines aren’t keeping students off the streets in this case and municipalities should recognize the risk of bylaws being weaponized against student communities

Stephanie Ye MOwe, Waterloo Undergraduate Student Association President

THE ISSUES AND WHAT IT MEANS FOR STUDENTS 

Upon a thorough reading of the Sept. 6 report, many contradictions were made with reference to how the bylaw will be enacted. The report makes reference to McMaster’s 2021 homecoming weekend; however, there has not been a university sanctioned homecoming event since 2019.  

The report also states there were nearly 5,000 individuals in attendance at last year’s FOCO. While this is an accurate statement, it must be noted the city’s report does not acknowledge that the majority of charged “attendees” were not McMaster students. 

The bylaw does not effectively state how these consequences will be enforced. As Singh noted, there is a worry that this bylaw will be used to target students, rather than be used as a tool to deter nuisance parties.  

Hennick also stated external officers will be brought in to support HPS in their operations during the 2022 fake homecoming weekend. There is a large discrepancy between city spending of resources on last year’s FOCO compared to the St. Patrick’s Day party earlier this year, $27,000 and $202,858.05 respectively. Although Hennick indicated that the FOCO costs were only an estimation, this is still a large difference between costs. 

Surveillance cameras have been set up on Dalewood Ave. with signs informing the community of their presence.

The Sept. 6 report goes on to break down four different reasons as to why the nuisance party bylaw would not be an effective use of city resources. First, police will always have to be present at large gatherings, which will always have a cost. Second, bylaw and police officers might not be able to determine who is responsible for causing a nuisance party. Third, as nuisance parties are advertised on social media, it further makes it difficult to determine who started it. Fourth and finally, a large number of attendees trespass on private property during a nuisance party, but the party does not necessarily involve the property owner or tenants. These properties are victims of nuisance parties, not active participants. 

The city outlined the above issues, yet still maintained that it is for the good of the community to enact this bylaw. 

“Despite these limitations, the inclusion of remedial costs allows for partial cost recovery for city services [and] may act as a deterrent for those considering hosting or creating a nuisance party,” stated the report. 

The city of Hamilton failed to consider that students also comprise the community and the creation of this bylaw has the potential to damage their sense of community safety. This begs the question: why are students exempt from this feeling of community safety? 

Why are students exempt from this feeling of community safety? 

Ye Mowe weighed in on how nuisance bylaws had affected student morale living in Waterloo. 

“Students have a reasonable right to enjoyment within their municipalities, just as any other residents. And even though bylaws may be created with good intentions, students and student associations have noted that bylaws can be over enforced in student neighbourhoods – having a negative, long-lasting impact on those who pay the fines and the communities they live in.” said Ye Mowe. 

Students have a reasonable right to enjoyment within their municipalities, just as any other residents. And even though bylaws may be created with good intentions, students and student associations have noted that bylaws can be over enforced in student neighbourhoods – having a negative, long-lasting impact on those who pay the fines and the communities they live in.

Stephanie Ye MOwe, Waterloo Undergraduate Student Association President

Along the same lines, McMaster students should be cognizant that their elected Ward 1 councillor, who has stated that she will look out for their interests while they are students in Hamilton, was also the leading voice behind the creation of this bylaw which seemingly targets students at McMaster University.

The provincial university advocacy group, Ontario Undergraduate Student Alliance, released a policy paper in 2020 outlining the stance that students deserve equal treatment under Ontario municipal bylaws and should not be targeted, discriminated against or challenged by bylaw enforcement simply for being a student compared to a permanent resident of a city. 

OUSA called on the Ministry of Municipal Affairs and Housing to create a system with accountability to better protect students from discriminatory bylaws. The organization also called on the Ministry of the Attorney General to release a statement, setting the precedence for students' status as a proxy of age, marital status or recipient of public assistance to grant more protection under the Ontario Human Rights Code. 

The Sept. 6 report states that the nuisance party bylaw would be used as another tool to send a message to Hamiltonians that large unsanctioned gatherings would not be tolerated across the city. However, the UDSI was created to specifically target the areas surrounding McMaster University and expedite the process of declaring a nuisance party. McMaster University wasn’t consulted on which parts of the community would be considered for the UDSI, which already leaves out large areas of student housing and family homes in the west end of Hamilton. 

“Again, we weren't involved in that process . . . I don't want to speculate. I'm not sure how they are they drew the maps, but certainly it is centered within our student community,” said Van Koughnett. 

It should also be noted that landlords could be at risk of receiving fines on their property taxes due to the nuisance party bylaw; however, the same recurring issue of how the bylaw will be administered comes up once more. 

“[The nuisance party bylaw] may encourage property owners/landlords to amend rental lease conditions for tenants to preclude these types of nuisance behaviours on the property,” stated the Sept. 6 report. 

THE RECEPTION 

The university, the MSU and the city are all concerned for public safety and the risk such large unsanctioned gatherings pose to the community. These concerns are warranted given not only the damage caused by last year’s FOCO, but also the events taking place at other universities, including Western University and University of Guelph, over the past few weeks at their own homecoming parties. 

Both university administration and members of the MSU expressed their support for measures to mitigate these damages; however, they were also concerned about the implications of the current bylaw specifically for student safety. 

“We support efforts to try to avoid and minimize the risks associated with large gatherings. So, if this bylaw helps to do that — and we hope that it does have an impact — then that’s a good thing . . . from the university standpoint, one of our main concerns is student health and safety. Anytime you get a large gathering like that, that's not managed in any way and there's obviously alcohol and other substances involved, there's a high degree of risk,” said Van Koughnett. 

Singh echoed Van Koughnett’s thoughts and he also raised concerns about the potential for use of unnecessary force in the enforcement of the bylaw. 

“[The MSU] shared concerns that some items may be up to interpretation by law enforcement when they actually are applying the bylaw and we're worried that may lead to cases of misapplication of force,” said Singh. 

The city of Hamilton, McMaster University and the MSU have spent the week leading up to FOCO 2022 trying to educate students on the financial repercussions that the bylaw may have. Van Koughnett went door-to-door on Dalewood Ave. and visited students’ homes to chat with them about the implications of the imminent street party. 

The city of Hamilton has also left flyers on the doorsteps of houses in the UDSI, informing potential partygoers of the new bylaw and warning them of the associated consequences through the nuisance party bylaw.

“Different partners are trying to use the tools at their disposal to try to manage this type of situation. So, in our case with McMaster, we tried to do a lot of education upfront and in this case one of our priorities is to educate students about this new bylaw because none of us want to see students . . . many of whom are trying to make financial ends meet, with a heavy fine,” said Van Koughnett. 

I’m on Dalewood this morning to educate students about the #hamont new nuisance by-law, which carries fines of up to $10K, and to discourage the large gatherings that pose significant risks to the health & safety of our neighbours & @McMasterU⁩ community members. pic.twitter.com/rAukdpkjeD

— Sean Van Koughnett (@Sean_VK) September 26, 2022

We’ll see if the city’s efforts pay off to deter students from gathering on Dalewood Ave. this year. 

This is an ongoing story

C/O Randy Kay, Unsplash

Hamiltonians, including students, will be heading to the polls again in October 2022

This year is a busy one for democracy in Ontario. After having gone to the polls in June to elect their provincial representatives, Hamiltonians will do so once again on Oct. 24 to elect the municipal government. 

In Hamilton, the positions that will be decided in this upcoming election include the city’s mayor, 15 city councillors, 11 English Public School Board trustees, nine English Catholic School Board trustees, one French public school board trustee and one French Catholic School Board trustee. 

Candidates were first able to file their nomination paperwork starting on May 2. They have until Aug. 19 to submit these forms, or if they choose, to withdraw their nomination. 

As of July 28, the candidates for Hamilton’s mayor, included Keanin Loomis, a former chamber of commerce chief; Ejaz Butt, a former taxi union official; Bob Bratina, a former Hamilton mayor 2010 to 2014 and Andrea Horwath, who will be leaving her Hamilton Centre seat to enter the race. After having severed the city as mayor for three terms and as a city counsellor before that, current Mayor Fred Eisenberger has chosen not seek re-election

Hamilton is composed of 15 wards and one city counsellor from each ward will be elected to represent their community’s interests on the city council. Most students reside in Ward 1. As of July 7, there were two candidates for Ward 1’s counsellor: incumbent Maureen Wilson and Ian MacPherson. 

Students are eligible to vote in the upcoming election so long as they are Canadian citizens, at least 18 years of age, are residents of Hamilton — this includes if you are a tenant in the city — and are not otherwise disqualified from voting. Students who consider their home municipality — the city they may return to live in when they are not attending school — are eligible to vote in both the election in their hometown as well as the city of Hamilton’s election. 

Students are eligible to vote in the upcoming election so long as they are Canadian citizens, at least 18 years of age, are residents of Hamilton — this includes if you are a tenant in the city — and are not otherwise disqualified from voting. Students who consider their home municipality — the city they may return to live in when they are not attending school — are eligible to vote in both the election in their hometown as well as the city of Hamilton’s election.

A voters’ list will be prepared for Sept. 1. In order to add, confirm or update your information, students will need to visit www.voterlookup.ca. To add your name or to make changes to the voters’ list after Sept. 1, you will need to contact the municipal clerk, who is responsible for organizing the election. 

Additionally, like all voters, in order to vote on election day, students will need to show identification offering proof of their residence in Hamilton. For students living in residence, they should be able to receive a document offering proof of residence from their post-secondary institution. For students living off campus, this could include a utility bill or a transcript from their post-secondary institution. 

There are a number of ways individuals can vote in Oct. Students will be able to vote by mail, at advance polls and on election day.  

While the location of advanced polls are still to be announced, there will be located in each ward and they are slated to be open on Oct. 7 and 14 from 10:00 a.m. to 8:00 p.m. as well as Oct. 8 and 15 from 10:00 a.m. to 5:00 p.m. 

On election day, there will be polls at post-secondary institutions in the city, including McMaster University, Mohawk College and Redeemer University. At these locations, the city is planning to pilot their “ballot on demand” system.  

On election day, there will be polls at post-secondary institutions in the city, including McMaster University, Mohawk College and Redeemer University. At these locations, the city is planning to pilot their “ballot on demand” system.  

At a “ballot on demand” poll, there will be an e-poll book and printer, allowing for staff to provide voters with a ballot form in any ward — not just the ward the polling station is located in. This system allows voters to cast their ballot without having to go out of their way to a polling station Voters will still be required to show identification in order to vote. 

While these are still early days for election, some issues expected to be raised include the ongoing housing crisis in the city, the COVID-19 pandemic, the development of the LRT and the urban boundary expansion. These issues and how they are decided will have important implications for students and their time in this city, making it important to be informed and participate in this election. 

Photo C/O Kristin Archer  

Note: This article has been edited to clarify that Marc Lemire has been working for the city of Hamilton since 2005.

cw: homophobia, physical violence, white supremacy, religious extremism

The annual Hamilton Pride event held on June 24, 2006 was interrupted midway by a group of homophobic soccer fans. The soccer fans allegedly swore and spat on those marching in the parade, but the Hamilton police were quick to respond, forming a barrier between the fans and the parade participants. 

At the time, Lyla Miklos, a Hamilton-based activist, creative and journalist, was a board member of the Hamilton Pride committee. She was also one of many who marched in the pride parade—an experience she detailed thirteen years later in a deputation to the Hamilton police services board on July 18, 2019. 

The deputation came a month after a hate group violently interrupted the 2019 Hamilton Pride event. A video from the scene shows a snippet of the commotion, which occurred in the middle of Gage Park and away from Pride festivities. 

Anti-pride demonstrators gathered at the event, shouting homophobic and white nationalist rhetoric. The video appears to show a religious group holding signs with phrases from the Bible and accusing Pride participants of perpetuating “sin”. 

Hamilton Pride 2019 event at Gage Park being disrupted. Photo C/O CBC News

Another group is shown attempting to protect Pride-goers from the anti-pride demonstrators, trying to erect a black curtain to cover the anti-pride group and their signs. 

Eventually, the confrontations escalated to punching, grabbing and choking, with one of the disruptors hitting pride-goers in the face with a motorcycle helmet. 

In the aftermath, the Pride Hamilton board of directors published a statement saying that the situation would not have escalated to such a violent degree had the police responded sooner. 

The statement also discusses Pride Hamilton’s multiple attempts to explain to the police that a similar protest happened during Pride 2018 and that they expected the number of protestors to escalate for 2019. 

Nevertheless, Miklos’ deputation from July 18, 2019 points out the differences in police responsiveness between the 2006 and 2019 Pride events. 

“. . . I am puzzled as to why the [Hamilton] police were unable to mobilize themselves in the same way [they did in the 2006 Pride parade] at Gage Park for Hamilton Pride in 2019, especially since they knew in advance that there was a threat,” she said.  

Pride Hamilton’s statement also touches upon the relationship between the Hamilton Police Services and the local queer community. 

“There have been long-standing issues between the 2SLGBTQIA+ community and Hamilton Police Services that remain unresolved. We feel that this was an opportunity for police to demonstrate that they were there to protect and act in solidarity with the community,” said Pride Hamilton’s statement. 

Hamilton Pride 2019 event at Gage Park being disrupted. Photo C/O CBC News

However, not all members of the 2SLGBTQIA+ community believe that increasing police responsiveness is the answer. A June 2019 study from McMaster’s department of labour studies surveyed 900 members of Hamilton’s queer community. Approximately one third of respondents stated that they had been treated unjustly by police, and transgender respondents were more likely to report unfair treatment.

Some recount the events of Hamilton Pride as an example of the 2SLGBTQIA+ community coming together to defend themselves.

Indeed, the protest at the Pride event is only one part of the fraught history between the city of Hamilton and the members of its local queer community. 

Since 2005, Marc Lemire has been working as IT network analyst for the city of Hamilton. From 1995 to 2005, Lemire ran Heritage Front, a now defunct neo-Nazi white supremacist organization. He was also the webmaster of the Freedom Site, which hosted the websites of several Canadian anti-Semitic organizations. 

In an email to CBC News, however, Lemire denied being either a white supremacist or a neo-Nazi. Despite Lemire’s claims, when Lemire’s appointment and history became public knowledge in May 2019, the Hamilton LGBTQ advisory group responded by stating in a motion that with the city allowing Lemire to work for and with them, it had failed to show solidarity with the marginalized communities in Hamilton. According to the LGBTQ advisory group, Lemire’s employment threatens the safety of city staff and volunteers that belong to these communities.

The advisory group is also protesting a police services board appointment from April 2019, which it believes was a missed opportunity to appoint someone who was part of a marginalized community instead of another of the white, straight men that comprise a majority of the current board. 

Another criticism from the advisory group is that the city didn’t implement a transgender and gender non-conforming protocol as quickly as they should have. The protocol was established three years after an incident in 2014 that sparked an Ontario Human Rights tribunal settlement. The advisory group also alleged that the committee behind the protocol was chosen by the city arbitrarily, without careful regard of who would best serve the intentions of the protocol. 

In consideration of all this, the advisory group declared that since the city has failed to demonstrate solidarity with the 2SLGBTQIA+ community in Hamilton, it didn’t want the city to fly flags in honour of Hamilton Pride 2019. However, on May 30, 2019, rather than adhering to the advisory group’s request, city officials still chose to fly flags symbolic of Pride and the transgender community — only without hosting a flag-raising ceremony, in an attempt to reach a compromise between the city’s plans and the advisory group’s request. 

On May 30, 2019, rather than adhering to the Hamilton LGBTQ advisory group’s request, city officials still chose to fly flags symbolic of Pride and the transgender community. Photo C/O CBC News.

In a CBC article from the time, Mayor Fred Eisenberger insisted on flying the flag, citing that one advisory group does not represent the entirety of the LGBTQ community. 

“There’s a much broader audience out there, including our own staff,” he said. 

Cameron Kroetsch, chair of the LGBTQ advisory committee, acknowledges that some 2SLGBTQIA+ residents might have wanted a ceremony and that people would have felt differently about the flag-raising. 

“It’s a powerful symbol, and you can’t perfectly represent everybody,” he said. 

Less than a month after this, on June 15, 2019, the 2019 Hamilton Pride event was interrupted by a hateful protest, and tensions between the city of Hamilton and the local queer community came to a boil.

Mayor Fred Eisenberger tweeted his reaction to the Pride incident, “I am disappointed with the events that transpired at yesterday’s Hamilton’s PRIDE celebration at Gage Park. Hate speech and acts of violence have no place in the City of Hamilton. We are committed to being a Hamilton For All where everyone feels safe and welcome.” 

However, the mayor’s intentions did not bring any positive impact for the remainder of the year.

On June 18, 2019, a community conversation regarding Hamilton’s 2SLGBTQIA+ residents ended in a heated discussion about the lack of effort from Hamilton police in keeping Pride participants safe. 

On June 22, 2019, in an outcry against the arrest of Cedar Hopperton, an anarchist activist charged with alleged parole violations following the Pride incident, protesters marched from the Hamilton police headquarters in Barton Jail, where Hopperton was detained. Hopperton, a prominent member of the Hamilton queer community, was the first arrest made following the Pride protest. This drew questions and criticism, as videos of the June 15 incident also showed at least two alt-right protesters committing violence against participants of Hamilton Pride. Hopperton’s supporters also argued that Hopperton was acting in defense of the community while the Hamilton Police failed to arrive at the scene in a timely manner. 

https://www.facebook.com/TrentCWTP/photos/a.1835158899853468/2268043049898382/?type=3&theater

On July 12, 2019, around two dozen members of Hamilton’s 2SLGBTQIA+ community, alongside allies, set up an encampment at Hamilton city hall in protest of the Hamilton police’s alleged failure to stand in support and in assistance to the city’s marginalized communities.

On Aug. 27, 2019, the Hamilton police expressed the desire to improve their relationship with the city’s 2SLGBTQIA+ community. Jackie Penman, the spokesperson for the Hamilton police, claimed that the police’s goal was to identify what should be done to reestablish communication between the Hamilton queer community and the police. 

Nevertheless, a month after this, on Sept. 10, 2019, Chief Eric Girt of the Hamilton police makes homophobic and transphobic comments on the Bill Kelly show. One month later on Oct. 10, 2019, the police board denied a request from Kroetsch from the city’s LGBTQ advisory committee to provide a deputation to the board, claiming that Kroetsch wanted to speak about city issues and not police ones. 

When asked about where the police should start with repairing its fractured relationship with the Hamilton queer community, Kroetsch points out that the work behind this has already been done by many kinds of groups long before 2019. 

“The chief quite clearly stated that he knew what the issues were. So I think the start has to be … getting a plan from the City of Hamilton, getting a plan from city police to talk about what they’re planning to do now … What can you do, what are you able to do, how are you able to participate in this conversation marginalised communities have been asking you for decades?” said Kroetsch. 

He also spotlights the frustration felt by many members of marginalised communities, who have already done a lot of talking and who have to relive traumatic experiences in sharing their accounts with others. Kroetsch says that he does not see a plan coming forward from any civic leaders that truly take into account what marginalised individuals are telling them. 

In a similar vein, Miklos criticizes the constant defensiveness from the mayor and the chief of police. She calls for more compassion and urges the mayor to do something more helpful than simply showing up at cultural events. 

Regarding the future of the city’s relationship with the local 2SLGBTQIA+ community, Kroestch said that it is up to the city, including the police, to listen and engaged with the right folks. 

“There’s a lot of awkwardness there and uncomfortability, and they have to find a way to work through that for themselves, and work through what it means to engage with marginalised communities …  And that’s really the start of the work and I think it’s a long road for that. But the sooner they get down that road, the better,” said Kroetsch. 

 

This article is part of our Sex and the Steel City, our annual sex-positive issue. Click here to read more content from the special issue.

 

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Photo by Cindy Cui / Photo Editor 

cw: white supremacy, hate speech

Hamilton is the hate capital of Canada. Even if you're not from Hamilton, as a McMaster University student, this is the place where you've chosen to pursue your education. This is where you are preparing for your future. This beautiful, vibrant city that is full of artists and music also has the highest rate of reported hate crimes in the country. 

After the Hamilton Council updated a trespass bylaw in response to the hate seen at City Hall, Councillor Sam Merulla said that the counter-protestors have given a small group of right-wing extremists a platform and that the city’s focus on hate issues have manufactured” this problem. If you’re reading this, councillor, how dare you? How dare you ignore the systemic hatred in our city? 

Council passes updated trespass bylaw related to cracking down on hate activities at #Hamont city hall, etc. A feisty Coun. Sam Merulla suggests city's focus on hate issue is giving "six morons" a national platform. "We have manufactured a problem in this city."

— Matthew Van Dongen (@Mattatthespec) October 23, 2019

For months now, several hate groups, including the so-called Yellow Vests, have been protesting outside City Hall on Saturdays. This far-right hate group has co-opted the name of a French movement protesting rising fuel prices and calling for changes to economic policy and taxation. The Yellow Vests’ activity has attracted other far-right groups, such as the Soldiers of Odin and the Proud Boys

These groups have been appearing more frequently and are much more aggressive towards the counter-protestors. When they first appeared they came in a large group, walking purposefully towards us and through us. I was with fellow counter-protestors that day, yet I felt so frightened that I started sobbing, and I couldn’t stop.

On October 6, the organizers of the Gandhi Peace Festival invited the Yellow Vests to attend the event. People associated with a group that carries signs such as “Make Canada Holy and Righteous Again” or “No Immigration, Legal or Illegal” were invited to take part in a festival that is supposed to celebrate peace and acceptance. They even spoke with the mayor. While I recognize that the invitation was intended to foster a sense of community, it did just the opposite. This invitation made it seem like the Yellow Vests were accepted by the community, giving them an opportunity to validate their harmful rhetoric and portray counter-protestors’ efforts as unreasonable and violent. 

This invitation made it seem like the Yellow Vests were accepted by the community, giving them an opportunity to validate their harmful rhetoric and portray counter-protestors’ efforts as unreasonable and violent. 

The Yellow Vest protests are not an isolated incident. This violence and hatred spreads through our city like a virus — but instead of addressing this hate, some city councillors have remained silent on the issue or in the case of Merulla, have blamed the people who are trying to right this wrong.

It hurts. It hurts to see these hate groups spewing their harmful rhetoric every week. But I am white, cisgender and middle-class, and it is my responsibility to stand up for the people who aren’t safe or comfortable being there. It is my privilege that I can stand in the City Hall forecourt on Saturday afternoons to counter-protest. But even with all that, I feel apprehensive. I am frightened. When the midday sun is shining down on me in the heart of the city where I have lived my whole life, I feel afraid. And that is unacceptable.

When the midday sun is shining down on me in the heart of the city where I have lived my whole life, I feel afraid. And that is unacceptable.

It hurts to see hundreds of people filling the streets for a climate strike, while only around 20 people appear regularly to protest against the Yellow Vests on weekends. Yes, striking for the climate is a vital cause and it fills me with joy to see revolutionary action on such a scale, but I can’t help but feel bitter. Where are those numbers every week outside of City Hall? Where are those numbers when counter-protestors are arrested?

This article is by no means blaming people for not attending the counter protests. It is not safe for everyone to attend and I know that. But the lack of knowledge about what's happening in this city is not okay. Nothing will change if we don’t change. Please, my heart can’t take this anymore.

And to the counter-protesters: you have my wordless gratitude. Thank you for persevering. Thank you.

 

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Photos by Matty Flader / Photo Reporter

Recently, Hamilton has seen an influx of craft breweries establishing themselves around the city. With craft beer on the rise, MERIT Brewing Company is one of the industry leaders, brewing locally in their space on 107 James St. North. 

Co-founder of MERIT and McMaster alumnus, Tej Sandhu, wanted to create a communal, welcoming space by combining a tap room, brewery, kitchen and bottle shop. 

“Really what we hope it is, is a space for community around [MERIT]. So much of what we built this place to be is to facilitate conversation, facilitate our community, and facilitate a great experience for people around these things that we love producing . . . in a space that is easy to get to, that is accessible, that’s inclusive, that is open and that is friendly and warm. Those are things that we had as our goal for what we wanted the space to be but for what we keep as our goals for everything we do as well,” said Sandhu.

MERIT Brewing Company on James Street North.

On Oct. 1, the Ontario Craft Brewers, a membership trade association that represents local breweries in Ontario, participated in a government roundtable in the Niagara region. The OCB represents the voices of approximately 30 per cent of craft breweries around Ontario

“We participated in the roundtable to provide our perspective and make sure the voice of local brewers is heard on potential changes to the alcohol system, which are critical to our future growth and success,” said the OCB via their Twitter account

(1/2) The Ontario Government is currently consulting on potential reforms to Ontario’s beverage alcohol sector. As Niagara is home to many craft producers, the govt hosted a series of roundtables this weekend w/ reps from craft wineries, distillers, cideries, and breweries.

— Ontario Craft Brewers (@OntCraftBrewers) September 29, 2019

(2/2) We participated in the roundtable to provide our perspective and make sure the voice of local brewers is heard on potential changes to the alcohol system, which are critical to our future growth and success.

— Ontario Craft Brewers (@OntCraftBrewers) September 29, 2019

The association also shared photos with Sam Oosterhoff, a Progressive Conservative member of provincial parliament from the Niagara-West riding. Oosterhoff has claimed that he wants to remove abortion rights. Additionally, he has actively opposed Bill 128 — the All Families Are Equal act, a piece of legislation that removes the words "mother" and "father" in favour of gender-neutral terms allowing all parents to be treated equally. He continues to defend his socio-political beliefs when confronted by the media. The tweets promoting Oosterhoff with the OCB were taken down after being posted.

The original tweets posted by Ontario Craft Brewers following an event with Sam Oosterhoof and Ontario breweries. This tweet has since been removed off of the OCB Twitter account.

 

Ontario Craft Brewers tweeted this photo with Sam Oosterhoff at a roundtable event. The photo has since been removed off of the OCB Twitter account.

Although not an OCB member, MERIT Brewing Company released a statement about the OCB’s event via their Facebook page on Oct. 1. 

“MERIT was not part of this discussion, nor are we members of the OCB, but we would like to say that we are unequivocally against the views of MPP Oosterhoff and outraged over the OCB’s decision to promote their work with him as some sort of gain for the industry or brushed off as part of their responsibility to work with the government,” said the statement.

MERIT turned their attention to the community that was being affected by the OCB’s statement.  The team reflected on their values of creating a welcoming, diverse space but found that the industry association that indirectly represents them was doing the opposite.

“While working together with the government is a good thing — when there's someone whose beliefs, outside of beer . . . are directly attacking not only owners of the businesses but staff members, people who are our guests and our consumers, that really strikes a chord as something that . . . the OCB did without thinking [about] what the implications are,” said Sandhu. “. . . We were angry because even if you're not an OCB member, the OCB indirectly represents our industry. They are the only association that we have. Their stance [on] promotion and their communication is reflective of our entire industry in Ontario.”

The OCB has issued an apology on Twitter

pic.twitter.com/g7kOYq48PY

— Ontario Craft Brewers (@OntCraftBrewers) October 1, 2019

Sandhu emphasized that MERIT, and all members of the OCB, had the responsibility to hold higher organizations accountable for their actions. 

While MERIT had voiced their concerns on an industry level, Sandhu also reflected on local level concerns in Hamilton. 

On Oct. 1, as a part of Hamilton’s “Fast 40” initiative, local and fast-growing businesses were recognized for contributing to the city’s economic development. MERIT Brewing Company was one business amongst many to receive the award given by mayor Fred Eisenberger.  In light of tensions between Eisenberger and the LGBTQA2S+ community, while MERIT claimed their reward, they left shortly before a photo opportunity with Eisenberger.

Merit Brewing Company has recently been recognized by the City of Hamilton for contributing to the city’s economic development. 

“There has been a ton of conversation internally about the handling of the LGBT community, the mayor’s response to the concerns that have been raised and the threat to our staff that are part of the community as well. [Our] action wasn’t meant to be a massive ‘F-U’ to the mayor, it was a way we could ask for accountability. It was something that was small that we thought would have, at the very least, an impact on showing our staff and our guests that we are standing up for them and not standing with someone who isn’t protecting them,” said Sandhu.

MERIT Brewing Company does not see themselves as a voice for marginalized communities, but rather as a microphone that allows their voices be heard. MERIT felt that their action was a step towards greater accountability among local leaders.

Regardless, you don't take a picture of brewery owners smiling and raising a glass with this guy. It's horrible PR. pic.twitter.com/W7njlY6jMu

— Robin LeBlanc, from work (@TheThirstyWench) September 30, 2019

Eisenberger has asked to sit down and meet with MERIT. While the company did not confirm a meeting before this article was released, Sandhu hopes to open a door for members of the community to start communicating with the mayor.

“Conversation is not enough; action needs to follow a conversation . . . You still need to have conversations to get to action . . . We’re trying to do our part. It’s inherent and embedded in what MERIT’s about, from why we are called “MERIT” to what we strive to do here and have be our experience. This is something that we feel is not only our responsibility, it’s our privilege to be able to speak out on these things and it’s something that we are doing because we’re passionate about it,” said Sandu.

Local businesses like MERIT Brewing Company are lending their voice to members of marginalized communities in hopes of not only starting a conversation but also demanding action. 

The Silhouette has reached out via email to Ontario Craft Brewers and the office of MPP Sam Oosterhoff for comment; however, we have not received a response.

 

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By: Waleed Aslam

Why did Hamiltonians elect a mayor they once kicked out?

On Oct. 27, Hamiltonians cast their ballot and chose their old mayor as their new mayor. Eisenberger previously served as mayor from 2006-2010. Although it did not come as a surprise to many of us, Fred’s victory is interesting because it came at the cost of a former defeat.

Why is it that Fred Eisenberger was voted in again with a 43.1 percent of the vote? I cannot analyze this question from every Hamiltonian’s perspective, but as a young adult, I can speculate as to why Fred was an eligible candidate.

The stress that Fred places on transforming Hamilton into a thriving community is critical to young Hamiltonians looking for professional work in their city. With two world-renowned educational facilities in our backyard, Hamilton is producing accomplished graduates. A majority of the students attending McMaster University and Mohawk College are from different parts of Canada and the world, but we also have a very large number of local students.

Many of these local students are forced to travel to Toronto and even relocate there for work. Although mayoral candidates did not outline a concrete plan to address this issue in their platforms, Fred demonstrated an understanding of the dire need for new jobs and lines of work in Hamilton that allow us young adults the choice to stay and work in our city.

Local students are aware that poverty is a very real concern here. I visit downtown Hamilton every day in my commute to McMaster and see underprivileged and homeless people roaming the streets. As students struggling in our own right, our future is also uncertain. This is why most of us opposed the gentrification process offered by Bob Bratina because we did not believe in blaming the poor for their poverty. Hence, we connected with Fred’s vision on the need for community driven initiatives to reduce poverty, along with government strategies.

Fred also promised to introduce e-democracy and online voting. This spoke to many students who find it hard to make time for voting amidst midterms and assignments. Nevertheless, the real struggle will still be to engage young students in politics, especially municipal politics.

With the lowest municipal voter turnout Hamilton has ever seen, online, mail-in and telephone voting seem all the more pressing, especially since neighboring towns already have such systems in place. We can only hope that Hamiltonians, young and old alike, rediscover the drive necessary to involve themselves in civic responsibilities and the pride to carry Hamilton in their hearts once again.
Fred Eisenberger’s greatest achievement will not come from solving all the on-going material issues that every city constantly struggles with. His greatest victory will be found in lifting the morale of Hamiltonians and nurturing their hope for this beautiful city.

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