The Region of Waterloo is heading back to court next month to discuss whether the specific bylaw aimed at clearing the homeless encampment at 100 Victoria Street is constitutional.
The main concern has always been the rights of those living in the encampment. Advocates claim that evicting them without providing sufficient shelter options violates their charter rights.
The Superior Court of Justice will hear these arguments on April 16, 17, and 20.
Back in August 2025, an injunction was issued by the Ontario Superior Court, which stops the region from evicting residents until a ruling is made by the superior court.
This past January, regional council updated the site-specific bylaw, removing the trespassing fine. They also postponed the eviction date to April 1, 2026 and required the Region to develop individual transition plans to help connect residents with support services and find alternative housing. The region hoped these changes would be enough.
Ashley Schuitema, Executive Director of Waterloo Region Community Legal Services (WRCLS), which is advocating for some residents, told 570 News Radio that while creating a transition plan sounds good in theory, there are other issues at play.
“Their definition of ‘resident’ is very narrowly defined. They have only defined ‘a resident’ as someone who is living there as of April of last year. The population at the encampment is very fluid. It ebbs and flows as people lose other forms of shelter.”
Schuitema outlined what will happen when court proceedings begin. She mentioned that evidence has already been submitted, so there won’t be any direct or cross-examinations this time. Instead, the region will defend that their bylaw stands constitutionally while WRCLS will argue it infringes on residents’ charter rights.
Afterward, Schuitema said other parties will present their arguments. “There’s an amicus who is a ‘friend of the court’ who has been appointed to represent people at the encampment who either don’t have capacity or may have fluctuating capacity to retain council. They will also be hearing from the Attorney General of Ontario and from three intervener parties.”
As they prepare for this hearing, Schuitema noted a specific case from another municipality that could influence their situation.
“There was an encampment case out of Hamilton that was just heard at the Ontario Court of Appeal. Any sort of guidance or decisions that come from the Ontario Court of Appeal would be binding on the Superior Court of Justice in this case. So we’re keeping a close eye on that decision.”
570 News Radio reached out to comment from Region of Waterloo officials. In response via email they stated:
“The injunction ruling remains in effect. Court dates are scheduled for April 16, 17 and 20, 2026. Given the matter is before the Court, we will not be commenting further.”
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