The governments of Ontario and Waterloo Region announced on Tuesday their intention to appeal a court ruling that prevents the removal of residents from an encampment, which is obstructing a transit hub project.
Last month, the Ontario Superior Court decided that residents could not be evicted from land in downtown Kitchener. Justice Michael R. Gibson stated that such an action would infringe on their Charter rights, noting that the encampment “represents the only remaining safety valve for the region’s homeless as a refuge of last resort.”
Waterloo Region owns the land where the encampment is located, which both governments claim is essential for constructing the Kitchener Central Transit Hub-a planned base for GO Transit, VIA Rail, the ION LRT, and local buses.
“Our government is appealing this decision to provide the certainty and stability required to advance critical infrastructure projects here in Waterloo Region and throughout Ontario,” Attorney General Doug Downey said in a news release.
Premier Doug Ford has sharply criticized the judge’s ruling, calling it “the most ridiculous ruling I’ve ever seen.”
“I wish I could get that guy’s address. I’ll send 15 encampments in his backyard and see how he likes it,” the premier remarked last month.
Ford also mentioned he might consider using the notwithstanding clause to clear out the encampment.
In his ruling, the judge noted that this encampment was essentially the only place in Waterloo Region where individuals without homes could legally pitch a tent.
“The region has clearly stated that if the encampment is cleared, it is not prepared to allow homeless people to shelter outdoors anywhere on regional property,” he wrote. “The extremity of this position is what ultimately drives the findings.”
In Ontario’s news release, both governments highlighted their investment in tackling homelessness, including funding for Ford government’s Waterloo region Homelessness and Addiction Recovery Treatment (HART) Hub aimed at helping individuals seeking recovery from addiction.
“The Region of Waterloo has worked hard to support those experiencing homelessness while also planning for future community needs,” said Waterloo Region chair Karen Redman. “The Kitchener Central Transit Hub is a transformative project that will serve residents for generations, improving connections to jobs, housing, education and transit throughout our region and beyond.”
“As we keep making record investments to assist those facing homelessness, we’ll also stay committed to ensuring communities are safe and providing people with help in suitable environments rather than in dangerous and disruptive encampments,” Municipal Affairs and Housing Minister Rob Flack said. “Supporting municipalities with homelessness prevention remains a top priority along with advancing key infrastructure projects needed to build Ontario.”
