Premier Doug Ford shares his thoughts on the Supreme Court’s ruling that declared Waterloo Region’s encampment bylaw unconstitutional.
An Ontario judge’s recent ruling preventing the Region of Waterloo from clearing out a homeless encampment is “cockamamie,” said Premier Doug Ford on Friday.
Justice Michael R. Gibson determined in a decision released Thursday that a local bylaw meant to allow the region to remove around two dozen homeless individuals from a parking lot encampment infringes upon their rights under the Charter of Rights and Freedoms.
The Kitchener encampment has existed since 2021, when many people experiencing homelessness left shelters due to safety concerns during the COVID-19 pandemic and set up outdoors across various parts of the province.
Since 2022, the region has attempted to dismantle this encampment through legal channels, but they have not yet succeeded.
The region maintains that the parking lot is essential for initiating construction on the Kitchener Central Transit Hub later this year. The hub will offer bus and light rail services, along with a GO Transit station and a Via Rail stop.
Ford remarked that Gibson’s ruling was “the most ridiculous ruling I’ve ever seen,” claiming it prioritizes the rights of just a handful of individuals over millions who will use future transit services.
“He comes out with this cockamamie idea that they’re gonna hold up transit, so for what, 30 people, they’re going to hold up millions and millions of riders, communities and everything,” Ford expressed at an unrelated press conference in Sault Ste. Marie.
“The judge is saying that we got to hold up projects and everything,” he added. “I wish I could get that guy’s address; I’ll send 50 encampments in his backyard and see how he likes it.”
The judge found the bylaw unconstitutional and invalid.
“The encampment is currently the only place in the region where it is not illegal for homeless people to set up a tent or structure,” Gibson stated. “The region has clearly stated that if the encampment is cleared, it is not prepared to allow homeless people to shelter outdoors anywhere on region property.”
This position taken by the region played a significant role in his decision, he noted.
“No one should romanticize or be starry-eyed about the encampment,” wrote the judge. “It is a miserable and desperate place. But it represents the only remaining safety valve for the region’s homeless as a refuge of last resort.”
To comply with the Charter, he advised that the region “would need to include an alternative lawful encampment site of last resort or a tenting protocol that facilitates access to essential services and health care on par with the current encampment,” Gibson wrote.
He referenced London and Thunder Bay as other cities in Ontario that have established lawful designated areas for encampments.
If such measures were adopted in Kitchener, then the region could seek further direction or review from the court.
The Region of Waterloo announced it is “reviewing” this ruling and plans to determine its next steps shortly.
“We remain committed to providing outreach and supports to those experiencing homelessness across the region,” stated officials from Waterloo Region.
Ashley Schuitema, an attorney representing residents at these camps, shared her hope that “the premier will work with regional leaders toward meaningful solutions regarding homelessness while respecting this court’s ruling.”
Encampments increased throughout Ontario during pandemic times as individuals sought safety outside rather than crowded shelters.
The City of Toronto along with police undertook multiple operations aimed at clearing several high-profile camps resulting in violent arrests, fencing off large sections of public parks along with confrontations between those experiencing homelessness alongside their supporters.
The aftermath from those clearings led local governments towards adopting varying approaches regarding their own campsites. The Region of Waterloo became one among those communities navigating through legal processes which commenced back in 2022.
The City of Toronto along with police undertook multiple operations aimed at clearing several high-profile camps resulting in violent arrests, fencing off large sections of public parks along with confrontations between those experiencing homelessness alongside their supporters.
The aftermath from those clearings led local governments towards adopting varying approaches regarding their own campsites. The Region of Waterloo became one among those communities navigating through legal processes which commenced back in 2022.
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