Homeowner’s cameras helped police investigate serious crimes
In 2010, the City of Hamilton enacted its Fortification Bylaw, prohibiting homeowners from using cameras capable of recording beyond their property line. The broad restriction captured many common security devices, including modern doorbell cameras.
Hamilton resident Daniel Myles installed ten outdoor security cameras around his MacNab Street North home to help protect his family and neighbourhood from crime.
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.
The Hamilton Police Service contacted Mr. Myles more than 40 times over the years to obtain footage from his cameras for criminal investigations. One officer described the recordings as “like gold” in securing convictions.
Mr. Myles said, “My cameras are regularly used by police to fight crime including helping find justice for the Bilich family.”
Unconstitutional camera prohibition challenged
On September 26, 2025, lawyers funded by the Justice Centre sent a legal warning letter to the City of Hamilton arguing that the Fortification Bylaw’s prohibition on residential security cameras violated the Charter guarantee of freedom of expression under section 2(b).
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 warning letter argued that the prohibition was unrelated to the bylaw’s stated purpose of ensuring safe entry to and exit from properties and was far broader than necessary to achieve that objective.
City agreed to reconsider controversial bylaw
After receiving the legal warning letter, Hamilton City Council voted to review the Fortification Bylaw rather than continue defending its prohibition on residential security cameras.
City staff were directed to prepare amendments that would better reflect the practical use of home security cameras, with public consultation to take place before any changes were adopted.
Constitutional lawyer Hatim Kheir called the decision “a welcome development,” but noted that it was “unfortunate that the City has not suspended the operation of the bylaw while the review is taking place.”
Lawyers funded by the Justice Centre are monitoring the situation as the City has directed staff to prepare a review of the bylaw.