HAMILTON, ON: The Justice Centre for Constitutional Freedoms announces that Hamilton councillors have voted to recommend removing video surveillance equipment from the definition of “excessive protective elements” in the City’s Fortification Bylaw. The bylaw prohibits homeowners from using cameras capable of recording beyond their property line, including public streets and sidewalks. The recommendation requires ratification by City Council next week, with staff to prepare the necessary amending bylaw for Council’s enactment.

Adopted in 2010, the Fortification Bylaw imposed a broad restriction that captured common home security devices, including modern doorbell cameras.

The matter stems from Hamilton resident Dan Myles’s use of ten outdoor security cameras around his MacNab Street North home to protect his family and neighbourhood. His cameras earned widespread support from neighbours and the nearby Our Lady of All Souls Roman Catholic Church, which credited the recordings with helping solve the murder of parishioner Mario Bilich and reducing thefts in the area.

Hamilton Police Service contacted Mr. Myles more than 40 times over the years to obtain footage for criminal investigations. One officer described the recordings as “like gold” in securing convictions.

Despite their demonstrated value, the City ordered Mr. Myles to remove his cameras under the Fortification Bylaw. This prompted lawyers funded by the Justice Centre to send a legal warning letter on September 26, 2025, arguing that the prohibition violated freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms.

The City subsequently agreed to review the bylaw. Councillors have now endorsed removing video surveillance equipment from the definition of “excessive protective elements” and directing staff to prepare the necessary amending bylaw. Although the amendment’s wording has not yet been drafted, the vote brings Hamilton residents an important step closer to being able to use ordinary security cameras without facing bylaw violation tickets.

“The right to record what happens on public streets and sidewalks is a meaningful part of this fundamental freedom,” said constitutional lawyer Hatim Kheir. “We commend councillors for voting to remove this excessive restriction and look forward to Council ratifying the recommendations next week.”

Lawyers funded by the Justice Centre will monitor City Council’s consideration of the recommendations next week and the subsequent preparation and enactment of the amending bylaw.

The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.