The Ontario Superior Court of Justice has stopped the Waterloo region from clearing out encampments as of Thursday. The court decided that the region’s specific bylaw is not only unfair but also violates the rights to life, liberty, and security of those living in the encampments.
Justice Michael R. Gibson stated that the municipality’s bylaw, which permits forced evictions of residents at that particular site, goes against their rights under Section 7 of the Canadian Charter of Rights and Freedoms. He ruled in favor of the residents, noting that the government hasn’t offered enough alternative shelter nor allowed residents to find other places to stay since its last application in 2023.
Gibson also determined that the bylaw breaches the right to equality as outlined in Section 15 of the Charter. He recognized homelessness as a valid ground for discrimination. Additionally, he found that this bylaw disproportionately impacts Indigenous residents and those with disabilities because they make up a larger portion of people without homes. He further acknowledged that it discriminates against women and gender-diverse individuals who are forced into unsafe shelter options due to a lack of designated municipal spaces for them.
Importantly, Gibson considered Canada’s commitments under the International Covenant on Economic, Social and Cultural Rights. He stated that before any forced evictions occur, the region must look into all possible alternatives and engage meaningfully with those living in encampments. Not having taken these steps violates their rights regarding adequate housing. The federal government integrated this covenant into domestic law via the National Housing Strategy Act back in 2019.
This ruling comes after a previous court order instructing the region to create a safe tenting protocol and establish an alternative site for encampments. The Waterloo Region Community Legal Services welcomed this decision and urged all levels of government to tackle homelessness effectively.
During a press conference on Friday, Premier Doug Ford called it “the most ridiculous ruling I’ve ever seen.”
The encampments involved are situated in downtown Kitchener. Since May 2022, the region has been trying to clear these camps due to safety issues but was halted by a court ruling in January 2023 over insufficient shelter options available for residents. Another attempt was made again in April 2025.
This particular encampment area is part of what will be Kitchener Central Transit Hub construction site, which was originally scheduled to begin work in March 2026. This hub will accommodate ION light rail transit along with Grand River Transit, GO Transit, VIA Rail, and additional inter-city transportation services.
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