The Region of Waterloo cannot remove residents living at an encampment at the corner of Victoria Street and Weber Street in downtown Kitchener, according to a court ruling issued on Thursday.
In his 88-page decision, Ontario Superior Court Justice Michael R. Gibson states that the encampment is currently the only location in the region where people experiencing homelessness can legally pitch a tent or structure, serving as a last resort refuge.
“No one should romanticize or be starry-eyed about the encampment. It is a miserable and desperate place,” Gibson said.
“But it represents the only remaining safety valve for the region’s homeless as a refuge of last resort.”
The region owns the land where the encampment sits and claims it needs the property ahead of planned construction for the Kitchener Central Transit Hub.
WATCH | Kitchener encampment residents react after court rules they can stay:
‘A good feeling’: Kitchener encampment residents react after court rules they can stay
Residents and advocates have shared their thoughts following an Ontario judge’s ruling that residents of a Kitchener encampment can remain. The decision, made on Thursday by the Ontario Superior Court of Justice, indicated that the Region of Waterloo can’t evict those living at the downtown Kitchener site as doing so would breach their Charter of Rights. CBC’s Carmen Groleau spoke with residents on Friday.
The court determined that a specific bylaw passed by the region in April 2025 which would have allowed for resident removal from this lot violates these rights.
This bylaw was later amended in January to postpone when possession would be needed, eliminate financial penalties for those who didn’t vacate promptly, and create a transition policy for providing alternative accommodations to those living at the encampment.
Gibson acknowledged that constructing the transit hub “constitutes a genuine public interest” but stated that progress could still be made “while respecting the rights of encampment residents.”
He noted that if alternative legal camping sites or protocols were offered, similar to what London and Thunder Bay have done, then moving people could be considered.
This would ensure access to essential services and health care comparable to what residents currently receive at their accommodation plan.
WATCH | Thunder Bay approves designated encampments:
Thunder Bay city council approves designated encampments
The city council in Thunder Bay has approved three designated sites for individuals experiencing homelessness along with new bylaws regulating public spaces usage. CBC’s Sarah Law explains what this means for communities in northwestern Ontario.
Source link
‘A good feeling’: Kitchener encampment residents react after court rules they can stay
Residents and advocates have shared their thoughts following an Ontario judge’s ruling that residents of a Kitchener encampment can remain. The decision, made on Thursday by the Ontario Superior Court of Justice, indicated that the Region of Waterloo can’t evict those living at the downtown Kitchener site as doing so would breach their Charter of Rights. CBC’s Carmen Groleau spoke with residents on Friday.
The court determined that a specific bylaw passed by the region in April 2025 which would have allowed for resident removal from this lot violates these rights.
This bylaw was later amended in January to postpone when possession would be needed, eliminate financial penalties for those who didn’t vacate promptly, and create a transition policy for providing alternative accommodations to those living at the encampment.
Gibson acknowledged that constructing the transit hub “constitutes a genuine public interest” but stated that progress could still be made “while respecting the rights of encampment residents.”
He noted that if alternative legal camping sites or protocols were offered, similar to what London and Thunder Bay have done, then moving people could be considered.
This would ensure access to essential services and health care comparable to what residents currently receive at their accommodation plan.
WATCH | Thunder Bay approves designated encampments:
Thunder Bay city council approves designated encampments
The city council in Thunder Bay has approved three designated sites for individuals experiencing homelessness along with new bylaws regulating public spaces usage. CBC’s Sarah Law explains what this means for communities in northwestern Ontario.
Previous court decision
Tents began appearing at 100 Victoria St. in late 2021. The number of inhabitants has fluctuated seasonally, increasing during warmer months. The region previously attempted to displace individuals from this location back in 2022. In January 2023, a judge ruled against evicting people unless another housing option was provided. The region argued that maintaining order at properties owned by them required addressing issues surrounding conduct linked with this encampment. Justice M. J. Valente referred to Charter Rights and Freedoms while noting how plans aimed at removing individuals violated their rights concerning life, liberty, and security. The region maintains it requires access to this property starting June due to Metrolinx construction crews raising train tracks before building a new transit hub on King and Victoria streets. The regional authorities claimed none from earlier waves residing there since 2022 remain today; therefore requesting newer occupants’ departure seemed reasonable according them. Region to review decision A spokesperson from shared via statement that they are evaluating this ruling further assessing potential steps forward shortly thereafter.’ “We remain committed to providing outreach and supports to those experiencing homelessness across thе rеgion,” thе spоkеsperson added. Ashley Schuitema, an attorney who leads Waterloo Region Community Legal Services expressed her overwhelming joy regarding said judgment. The judge “essentially agreed that because there is no other place where people can legally set up a tent in thе region that closing this would be unconstitutional,” Schuitema told . ‘In his findings,’ Gibson stated clearly how thе camp represents thе sole area within which it’s not unlawful fоr unsheltered persons tо construct tents оr structures.’ “The region has clearly stated that if thе encampment is cleared, it is not prepared tо allow homeless people tо shelter outdoors anywhere in thе regional property,” he wrote. “Thе extremity оf this position iѕ what ultimately drives thе findings.” Schuitema remarked how suggesting alternatives like authorized campsites oг tenting protocols represent “an interesting remedy,” aligning wіth whаt they’ve been advocating. “It’s validating tо see courts recognize arguments we’ve consistently made; we’ve been pushing fоr thiѕ all along.”Source link
