Attorneys representing individuals living in an encampment at 100 Victoria St. N., in Kitchener argue that a specific bylaw enacted by the Region of Waterloo unfairly targets those without alternative housing options.
In January 2023, Justice Michael Valente informed the region that it couldn’t relocate people from the site until adequate housing or shelter spaces were available for them.
“The situation for the homeless hasn’t improved since Justice Valente’s ruling. In fact, it’s gotten worse,” said Mercedes Perez, a court-appointed lawyer advocating for encampment residents, during a Kitchener courtroom session on Monday.
Perez mentioned that over the past three years, shelter spaces have diminished in the region without sufficient replacements, disproportionately affecting women.
Monday marked the third and final day of scheduled court hearings. The region has requested Justice Michael Gibson to decide on the specific bylaw concerning the lot at 100 Victoria St. N. and whether they can ask those living in the encampment to vacate.
The bylaw was initially adopted in April 2025 and revised in January of this year. It aimed to request individuals to leave the site by April 1 of this year and made camping illegal on what had been a vacant lot.
As proceedings continue before the courts, no one has been asked to leave the site as of yet.
The region argues it needs access to the property in June for Metrolinx construction crews who will elevate train tracks ahead of building a new transit hub at King and Victoria streets.
The region claims none of the original inhabitants who settled into the encampment in 2022 are still present, thus they should be permitted to request new residents to exit.
Perez contended that the region is arbitrarily designating a date from which it counts who qualifies as original residents.
“This essentially creates a hierarchy among those in need, where only those at the top might secure housing,” she stated.
Perez emphasized that currently, this encampment is effectively the only legal location where someone can set up a tent if they’ve been barred from indoor shelters or motels. Following rules at these facilities can pose challenges for individuals with cognitive difficulties, according to Perez.
“The homeless put up tents because they seek rest, sleep, and privacy. To exclude them implies they don’t deserve privacy and autonomy like everyone else in this region,” Perez remarked.
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Eviction could push people into isolated areas
On Monday, testimonies were heard from three interveners alongside amici curiae representatives. The amici curiae-Perez and Jen Danch-are court-appointed attorneys designated to represent encampment residents lacking legal representation or who moved into the encampment after court proceedings commenced. The three interveners advocate for particular intersecting interests such as issues affecting Indigenous members within encampments. They are affiliated with organizations like Canadian Civil Liberties Association (CCLA), Aboriginal Legal Services (ALS), and Charter Committee on Poverty Issues (CCPI). Danch pointed out that when people are forced into illegally camping out far away to avoid detection, it distances them from food sources, healthcare services, and support systems. She also referenced expert testimony indicating that when individuals are farther away from resources, those experiencing homelessness are more likely to use drugs unsupervised and alone-putting them at greater risk for overdose situations. “If they’re not found quickly enough, their lives can’t be saved,” Danch said. Perez also challenged regional officials to provide evidence demonstrating how delaying construction on transit hubs would negatively affect community welfare.Fundamental rights must be upheld
Asha James from ALS emphasized how Canada’s colonial past has left Indigenous populations disproportionately vulnerable to homelessness across Ontario. She urged judges consider how eviction bylaws disproportionately impact Indigenous communities since they make up a larger segment of homeless populations. Kristen Allen representing CCLA stressed that more efforts must be taken by authorities to explore alternatives rather than resorting straightaway towards evictions while consulting with affected residents. “Forced eviction contradicts our obligations under international law,” she remarked while referencing United Nations’ International Covenant on Economic Social Cultural Rights which guarantees everyone’s right toward adequate living standards inclusive housing. Martha Jackman representing CCPI added it’s crucial courts ensure government actions align with basic rights regarding life liberty security protected within Canadian Charter Rights Freedoms. “Rights lose significance entirely if claims get dismissed purely based upon financial implications,” she stated.Region aims for compliance: Lawyer states
The regional team has previously claimed they’re collaborating closely with those situated inside this encampment aiming towards securing suitable homes; however due fluctuations caused by newcomers settling there frequently complicates clearing procedures considerably. Andrew Lokan-the attorney advocating on behalf of local authorities-questioned whether municipalities ought bear entire responsibility tackling homelessness issue directly.”“Could we invite judicial guidance regarding pathways achieving Charter compliance?” he queried further explaining his stance wasn’t meant as demand but rather open discussion point.He pushed back against Allen’s citation concerning UN guidelines emphasizing there’s lack direct instructions addressing public land requisition requirements related matters.
Lokan reassured observers about meticulous documentation surrounding actual numbers reflecting authentic resident demographics noted throughout multiple visits performed capturing genuine snapshots accurately recorded each time!
Further comments addressed worries regarding disproportionate effects faced particularly among women stressing existence systemic frameworks accommodating better assistance tailored precisely towards them including motel placements offered alongside regional supported sites located Erbs Road.
Tent dwellers allowed stay temporarily
It’s uncertain when Judge Gibson will render decision following thorough reviews done involving all parties engaged across these three days’ worth discussions held so far!
After listening attentively throughout sessions conducted successfully completed last couple weeks together witnessed firsthand complexities surrounding case itself unfolding! “I will take necessary time produce thoughtful ruling soon enough” he indicated confidently!Source link
