Construction Site Needed in Kitchener This June

The Region of Waterloo argued in court on Thursday that it needs to clear an encampment at 100 Victoria St. N., in Kitchener so construction crews can use the lot this June.

Thursday was the first of three scheduled days in court with Kitchener Justice Michael Gibson. The region is seeking guidance on a new site specific bylaw for the property at 100 Victoria St. N., which the region owns.

The region needs to bring the bylaw before Justice Gibson because in January 2023, a Kitchener judge ruled the region couldn’t evict people from the site unless they gave them another place to live.

People first moved onto the property in early 2022. Now, the region says the property is needed by Metrolinx as it makes plans to raise tracks for a new transit hub that will be built at the corner of King and Victoria streets.

The return to court comes after mediation talks between the region and lawyers for people in the encampment fell through in December.

In April 2025, regional council passed a site specific bylaw for 100 Victoria St. N., that would allow the region to clear the lot. The bylaw made it illegal for anyone to live on the site after Dec. 1, 2025.

In January of this year, regional council passed amendments to the bylaw that aimed to have people move off the site by April 1.

As the case remains before the courts, people have not been asked to move off the site.

The region says there are no delays expected in its transit hub project.

Land needed for transit hub

On Thursday, the region’s lawyer Andrew Lokan said there’s a dedicated team of support workers who have been “very successful in transitioning occupants to alternative housing.”

Lokan added that these support workers regularly keep in touch with members of the encampment on behalf of the region.

He urged the court to consider practical solutions regarding encampment residents’ interests, noting there’s been a constant flow of newcomers living there over time.

Lokan mentioned that most original residents have successfully transitioned into alternate housing and none of today’s residents are part of those first approximately 40 individuals who moved onto this property back in early 2022.

Lawyer Kartiga Thavaraj, who also spoke on behalf of the region, stated Metrolinx crews will need access to 100 Victoria St. N., by June as it’s currently “the only regionally-owned land that is of an adequate size” for Metrolinx’s staging purposes related to building a transit hub.

Thavaraj emphasized how much impact a centralized transit hub will have on residents relying on public transport throughout Waterloo Region and beyond.

She pointed out that construction tied to this transit hub has already started on nearby lands and expressed concerns about safety for encampment residents as construction ramps up heading into summer.

Debate over ‘adequate’ housing

After returning from recess, Lokan highlighted how hard they’ve been trying to find more suitable housing options like motels and transitional homes for current residents at their encampment.

He noted that some individuals prefer staying due mainly to community ties but suggested weighing those desires against potential risks such as tent fires, spreading diseases, and violence associated with living conditions there.

Lokan also raised questions about what “adequate” housing truly means since one person’s needs may differ from another’s preferences or requirements; he proposed addressing such matters individually outside courtroom discussions.

Additionally, he drew attention towards possibly utilizing another parcel as designated space similar encampments set up seen elsewhere like London city Ontario.

In June 2024, the City Of London established regulations ensuring any new temporary camps wouldn’t be located within certain distances near private homes/play areas/schools while safeguarding community interests altogether.

What’s next?

The court hearings are planned across Thursday , Friday , and Monday where Justice Gibson will also hear arguments presented from three appointed interveners representing intersecting interests affecting Indigenous persons residing inside these campsites.

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