Hamilton’s camera ban faces constitutional challenge after resident ordered to remove devices

Porch cameras installed by Dan Myles (Courtesy of Dan Myles)
Porch cameras installed by Dan Myles (Courtesy of Dan Myles)

Hamilton’s camera ban faces constitutional challenge after resident ordered to remove devices

Porch cameras installed by Dan Myles (Courtesy of Dan Myles)
Porch cameras installed by Dan Myles (Courtesy of Dan Myles)

Hamilton resident ordered to remove cameras under bylaw

On August 15, 2025, Hamilton resident Daniel Myles was ordered to remove all ten of his outdoor cameras under the city’s Fortification Bylaw. Passed in 2010, the bylaw prohibits cameras capable of recording beyond a homeowner’s property line. This broad rule even captures modern devices such as doorbell cameras.

Mr. Myles, who lives on MacNab Street North, installed the cameras to protect himself and his neighbourhood from crime.

His decision has drawn strong community support, including from neighbours and the local Our Lady of All Souls Roman Catholic Church, which credits his cameras with helping solve the murder of parishioner Mr. Mario Bilich, and reducing thefts in the area.

Cameras praised for crime prevention

The Hamilton Police Service has contacted Mr. Myles more than 40 times over the years to obtain footage from his cameras for use in investigations. One officer described the footage as “like gold” in securing convictions.

Mr. Myles himself emphasized that his devices play a vital role in public safety: “My cameras are regularly used by police to fight crime including helping find justice for the Bilich family.”

Lawyers issue warning letter

On Friday, September 26, 2025, lawyers funded by the Justice Centre issued a warning letter to the City of Hamilton stating that its prohibition on residential security cameras is unconstitutional and must be amended or repealed.

Constitutional lawyer Hatim Kheir explained, “This bylaw goes well beyond what is necessary to protect safety or privacy. The reality is that almost everyone with a doorbell camera will be violating this excessive prohibition. The right to freedom of expression includes the right to record, which should especially include recording public spaces, like streets and sidewalks.”

The letter states that Hamilton’s Fortification Bylaw infringes the Charter-protected right to freedom of expression, guaranteed under section 2(b). It further explains that the bylaw’s prohibition is unrelated to its stated purpose of ensuring safe entry and exit from properties, and is far too broad to be justified.

The City of Hamilton is currently reconsidering the bylaw.

Click here to watch a brief video on the case by constitutional lawyer Hatim Kheir.

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