City of Hamilton warned that its Fortification Bylaw banning doorbell and security cameras is unconstitutional

HAMILTON, ON: The Justice Centre for Constitutional Freedoms announces that a warning letter has been sent to the City of Hamilton stating its ban on residential security cameras is unconstitutional and must be amended or repealed.

Hamilton resident Daniel Myles was ordered on August 15, 2025, to remove all ten of his outdoor cameras under the city’s Fortification Bylaw. The bylaw, passed in 2010, bans cameras capable of recording anything beyond a homeowner’s property line.

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

This prohibition also captures modern technology, such as doorbell cameras.

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

He has received 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 Mario Bilich and with reducing thefts in the area.

The Hamilton Police Service has even contacted Mr. Myles more than 40 times over the years to obtain footage from his cameras to use as evidence in cases, with one officer calling the footage “like gold” in securing convictions.

Constitutional lawyer Hatim Kheir said, “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,” he added.

Mr. Myles emphasized that his devices stop crime, “My cameras are regularly used by police to fight crime including helping find justice for the Bilich family.”

The warning letter states that Hamilton’s Fortification Bylaw is unconstitutional because it infringes the Charter-protected right to freedom of expression, which is 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.

For media inquiries, please contact media@jccf.ca.

In this video, constitutional lawyer Hatim Kheir provides a brief overview of the case.

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