Ontario Construction News staff writer The Ontario Superior Court of Justice has blocked the Region of Waterloo from evicting residents living in a downtown Kitchener encampment, ruling that the municipality’s site-specific bylaw violates the Canadian Charter of Rights and Freedoms and discriminates against unhoused people. In a decision released Thursday, Justice Michael R. Gibson found that the region’s attempt to clear the encampment at 100 Victoria Street infringed on residents’ rights to life, liberty and security under Section 7 of the Charter. The ruling prevents the region from enforcing a bylaw that would have allowed it to dismantle the encampment and remove residents from the site. Currently, there are between 30 and 35 tents on site. The region owns the property where the encampment is located and says it needs the land ahead of planned construction of the Kitchener Central Transit Hub. Metrolinx construction crews are planning to raise the train tracks next month in advance of the new transit hub, located at King St. W. and Victoria St. N. The judge said the construction of the hub is “a genuine public interest” and that Waterloo Region could still finish the project “while respecting the rights of encampment residents.” Detailed design work has been led by work has been led by consultants including WZMH Architects, working alongside firms such as Architecture49 and WSP. According to an Apr. 28 construction update, design work is now about 60 per cent complete and key parts of the project have been mapped out, including the building layout, underground services, bridge structure, bus loop and passenger pick-up and drop-off area. The next stage of work will focus on final details such as interior finishes, communications and security systems, and landscaping. The Region’s goal is to complete the full design package by the end of 2026. Early work is also planned to begin in 2026. This includes moving hydro lines underground along Waterloo Street between Breithaupt Street and Victoria Street before KCTH construction starts. After that, work is planned to begin with demolition of the non-heritage section of the Rumpel Felt building to make room for the transit hub entrance and passenger pick-up and drop-off area. Work is also progressing on Victoria Street between King Street West and Weber Street West. Planned changes include transit priority lanes and new infrastructure for walking and cycling to help people connect more easily to the hub. Utility relocations are projected for summer 2026, and construction is planned for 2027. Substantial completion of KCTH is currently expected in 2030, with related site work targeted to be finished by the end of 2031. Ontario Premier Doug Ford criticized the decision during a Friday press conference, calling it “the most ridiculous ruling I’ve ever seen.” “I wish they would show up in this judge’s backyard and set up camp,” Ford said. “It is the craziest thing I have ever heard. I wish I could get that guy’s address and send 15 encampments to his backyard and see how he likes it. (It is) the craziest decision I have ever heard, but there are a lot of crazy decisions coming from our courts lately.” Under the order, the Region of Waterloo is prohibited from directly or indirectly evicting residents from the encampment, fencing off the site, restricting access to visitors or vehicles, forcing residents to relocate within the site, or removing personal belongings. The injunction will remain in place unless the region establishes a safe tenting protocol, provides an alternative nearby encampment location, or receives further direction from the court. Construction on the Kitchener Central Transit Hub had originally been scheduled to begin in March 2026. The encampment, located on land designated for the future Kitchener Central Transit Hub, has been at the center of a years-long legal battle between municipal officials and unhoused residents. Regional officials have argued that the encampment poses safety risks and delays construction of the long-planned transportation project, which is expected to integrate ION light rail transit, Grand River Transit, GO Transit, VIA Rail and inter-city bus services. The region first sought to remove the encampment in May 2022, but was blocked by the courts in January 2023 after a judge found there were not enough shelter spaces available for residents. Waterloo Region renewed its efforts in April 2025, introducing a site-specific bylaw aimed at clearing the encampment. In Thursday’s ruling, Gibson concluded that the municipality had still failed to provide adequate alternative shelter options or permit residents to relocate elsewhere safely. “The forced eviction of encampment residents in the absence of adequate shelter alternatives threatens their life and security,” the decision stated. Court also found that the bylaw violated Section 15 of the Charter, which guarantees equality rights. Gibson recognized homelessness as an analogous ground for discrimination and determined that the bylaw disproportionately harmed Indigenous people, persons with disabilities, women and gender-diverse individuals, all of whom are overrepresented among the unhoused population. An earlier court order directed the region to develop a “safe tenting protocol” and identify an alternative encampment location.
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