Will House and Jen Draper are photographed outside their home at a large homeless encampment, in Kitchener, Ont., on Monday June 27, 2022. THE CANADIAN PRESS/Chris Young
On Friday, Premier Doug Ford referred to a recent decision by an Ontario judge that prevents the Region of Waterloo from clearing out people living in a homeless encampment as “cockamamie.”
Justice Michael R. Gibson stated in a ruling released Thursday that a local bylaw meant to allow the region to evict around two dozen homeless individuals from a parking lot encampment infringes on their rights under the Charter of Rights and Freedoms.
The encampment in Kitchener, Ont., has existed since 2021 when many homeless people left shelters due to the COVID-19 pandemic and began setting up outdoors across various parts of the province.
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Since 2022, the region has attempted through legal channels to dismantle this encampment but has not succeeded so far.
The region claims the parking lot is necessary for construction work planned for the Kitchener Central Transit Hub later this year. This hub will offer bus and light rail services, along with a GO Transit station and a Via Rail stop.
Ford criticized Gibson’s ruling as “the most ridiculous ruling I’ve ever seen,” suggesting it prioritizes the rights of a few dozen individuals over millions who rely on 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 remarked during an unrelated press conference in Sault Ste. Marie.
“The judge is saying that we got to hold up projects and everything,” he continued. “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 declared 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 wrote. “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 stance taken by the region was vital in his decision-making process, 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, Gibson suggested 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.”
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The judge pointed out London and Thunder Bay as examples of other cities in Ontario that have established lawful designated areas for encampments.
If such measures were implemented in Kitchener, then there’s potential for further reviews or direction requests from courts made by regional authorities.
The Region of Waterloo announced it is currently “reviewing” this ruling while deciding its next steps soon.
“We remain committed to providing outreach and supports to those experiencing homelessness across the region,” said a statement from officials within the area.
A lawyer representing residents from this encampment named Ashley Schuitema expressed hope that Premier Ford will collaborate with regional leaders towards effective solutions addressing homelessness while respecting court rulings.
Encampments grew significantly throughout Ontario during pandemic times as many sought safer spaces than overcrowded shelters offered them outdoors instead.
The City of Toronto conducted clearings at several high-profile sites which led into confrontations resulting violent arrests alongside barriers shutting off large sections public parks coupled clashes between law enforcement personnel alongside homeless individuals together supporters advocating them too.
The outcomes stemming these actions spurred differing strategies adopted among municipal governments regarding their own respective camps. The Region Of Waterloo happened belong group navigating judicial processes commencing back early part year Twenty twenty-two.
This report from Canadian Press originally May twenty-second , twenty twenty-six.
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