The provincial government and the Region of Waterloo have announced plans to challenge a recent ruling regarding the Victoria Street encampment, which currently prevents the removal of individuals residing on that land.
According to a press release from the government, the encampment located at 100 Victoria St. in Kitchener occupies land designated for the Kitchener Central Transit Hub, described as a “critical piece of infrastructure needed to improve transit options.”
Last month, Ontario Superior Court Justice Michael Gibson determined that the region’s specific bylaw aimed at clearing the encampment and its revisions infringed upon the Charter rights of those living there, thus rendering it unenforceable.
This decision followed court proceedings where Justice Gibson took time to consider all aspects before making his ruling.
“Our government is appealing this decision in order to provide the certainty and stability needed to advance critical infrastructure projects here in Waterloo Region and across Ontario,” Attorney General Doug Downey stated in a June 16 press release.
In an interview with 570 News Radio, Minister of Municipal Affairs and Housing Rob Flack articulated the province’s stance clearly.
“Bottom line is this; we can not let an encampment of 30 to 35 people, and I’ll come back and say we need to protect those people in the process, but we can not let an encampment delay major infrastructure investments across the Waterloo Region or for that matter across Ontario.”
Justice Gibson’s lengthy decision emphasized that there isn’t enough shelter space available for residents. Coupled with regulations preventing camping on regional property, evicting some individuals would leave them without any alternatives.
The Justice did suggest options allowing for respect towards residents’ charter rights while still facilitating construction efforts.
One alternative involved finding a new location for the encampment nearby. Another was implementing a new safe tenting protocol similar to those established in Guelph and Hamilton.
However, Flack indicated that the province is focused on broader objectives.
“But really, what the judge presented, understand, respect his decision, but that is a short term, band-aid solution. I’m interested in long-term solutions like we are when we come back to the major transit area. We have to create jobs. We have to create homes. We can’t let an encampment stop us.”
Ashley Schuitema, Executive Director of Waterloo Region Community Legal Services, appeared on The Mike Farwell Show last week discussing Justice Gibson’s suggested options while acknowledging they are temporary fixes.
“People don’t like encampments, but it is just the reality of where we’re living. We don’t have enough housing. We need to solve that but, in the meantime, we need something better than just continuously evicting people and displacing them.”
In her statement, Regional Chair Karen Redman remarked, “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.”
She further noted: “At the same time, Waterloo Region has significantly increased its investment in housing and homelessness supports over the past several years because we recognize that building strong communities requires both social supports and critical infrastructure. This appeal is about ensuring municipalities have clarity on how to move forward with both of these important responsibilities.”
The Region intends to file their appeal shortly.
With files from Matt Hutcheson, City News.
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