Court Strikes Down Region’s Camping Law Again

The Region of Waterloo has some tasks ahead if it wants to legally clear the homeless encampment at 100 Victoria St. in Kitchener.

Ontario Superior Court Justice Michael Gibson ruled on Thursday that the region’s specific bylaw and its updates breached the charter rights of those living there, meaning it can’t be enforced. This decision comes about a month after court hearings wrapped up, with Justice Gibson taking time to thoroughly review the case.

The region has been eyeing this piece of land for several years. It will be used for storing equipment and supplies during the development of the Kitchener Central Transit Hub at King and Victoria.

Construction is expected to start later this year.

The 88-page ruling explained why Justice Gibson made his decision.

Concept designs of the Kitchener Central Transit Hub. (Region of Waterloo)

Essentially, there isn’t enough shelter space available for those residents. Combined with bylaws that ban camping on regional property, once evicted, many residents would have nowhere else to go.

Ashley Schuitema, executive director of Waterloo Region Community Legal Services, shared with 570 News Radio that this ruling establishes a new standard.

“The judge found that it’s time to recognize homelessness as an analogous, charter-protected ground under Section 15. So, that means governments can’t discriminate against people based on their experience with homelessness.”

Schuitema noted that this ruling shouldn’t have surprised the region.

“This is the third time courts have told them what they need to do. I hope that the region will actually heed the courts’ advice and come up with a solution that’s centered around human rights and respects encampment residents’ rights.”

Earlier in 2023, Justice Michael Valente also deemed the bylaw unconstitutional.

While welcoming news for residents who now have some reassurance temporarily, Schuitema mentioned that options are still available for the region.

“The judge stated that while they can clear this property and proceed with construction as planned, they must first take certain steps,” said Schuitema.

“To do so effectively, they either need to create a safe tenting protocol or provide an alternative site for encampments,” she added.

Cities like London and Thunder Bay have implemented similar protocols. Judge Gibson suggested looking at these communities for guidance in his ruling.

The encampment located at 100 Victoria St. is one of the largest in the region. (Josh Piercy/570 News Radio)

The ruling also indicated that once an alternative site or protocol is set up, the municipality could ask to return to court again before Judge Gibson.

Ford Calls Encampment Ruling ‘Outrageous’

This past Friday, Ontario Premier Doug Ford addressed questions regarding this ruling. He mentioned being on a call late last night with Regional Chair Karen Redman along with “a couple of mayors from up there.”

“He comes out with this outrageous idea about holding up transit projects because of what? For 30 people? They’re going to affect millions of riders and entire communities,” Ford remarked during an unrelated press conference in Sault Ste. Marie.

“The judge suggests we should pause projects over this issue,” he added. “I wish I could get that guy’s address; I’d send him 50 encampments right into his backyard and see how he feels about it.”

A statement from Region of Waterloo sent to 570 News Radio reads:

“The Region has received Ontario Superior Court’s decision concerning the 100 Victoria Street encampment. We are reviewing Justice Gibson’s ruling and will determine our next steps shortly. We remain committed to providing outreach and support for those experiencing homelessness across our area.”

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