The Region of Waterloo and the Ontario government are set to appeal a court ruling from May that determined the region cannot evict individuals living at the encampment located at 100 Victoria St. N. in downtown Kitchener, as it infringes on residents’ charter rights.
The decision passed with a vote of 10-5, with councillors Sue Foxton, Pam Wolf, Matthew Rodrigues, Colleen James and Chantal Huinink opposing it.
“I find this unacceptable,” Wolf expressed to council prior to the vote.
“We’ve spent way too much on legal fees, staff time, and council resources. Our chances of winning this appeal aren’t guaranteed,” she noted.
“We’re ignoring the solution proposed by Justice [Michael] Gibson and disregarding two rulings. Council shouldn’t rely on Premier [Doug] Ford’s promise to use the notwithstanding clause if we lose this appeal.”
Coun. Joe Gowing mentioned he believes encampments aren’t a viable housing solution and stressed that council needs a clearer approach for individuals living outdoors.
“We have to safeguard public spaces while also honoring human dignity,” he stated.
“We must focus on the housing aspect of this issue too. That’s why I’ve put forward initiatives aimed at exploring municipal housing corporations and other methods for creating more sustainable housing solutions in our region.”
Shortly after the vote, the Ontario government announced it would support the region’s appeal against Gibson’s ruling.
“Our government is appealing this decision to ensure stability and certainty necessary for advancing vital infrastructure projects here in Waterloo region and throughout Ontario,” Attorney General Doug Downey said in their statement.
“As we continue making record investments in homelessness prevention, we’ll also keep delivering on our commitment to ensure community safety while progressing our $236 billion plan to develop transit systems, homes, highways, and other critical infrastructure that our growing province requires.”
Minister of Municipal Affairs and Housing Rob Flack told during an interview that encampments can’t delay infrastructure investments across Ontario.
“The economic benefits from building transit hubs and associated employment are essential for both our province’s economy and Waterloo [region’s] economy,” he remarked.
“We can’t allow an encampment of 35 people to halt such a major project.”
The Region plans to submit its notice of appeal to the Ontario Court of Appeal within days.
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‘A very challenging moment,’ regional chair says
In a statement shared with , regional Chair Karen Redman explained that pursuing clarity through this appeal is crucial for municipalities so they can effectively balance their responsibilities – supporting vulnerable residents while also providing necessary infrastructure for their growing communities. Redman described the current scenario as “a very challenging moment” for both the community and region. “We’re being asked to juggle competing obligations without sidelining either priority,” she commented. “We’re committed to providing housing support services while pushing forward projects like the Kitchener Central Transit Hub which will shape our future opportunities for generations ahead.” “This isn’t an easy road but it’s one we must take.”A call for safe tenting bylaws echoed by many
The encampment was central during a special regional council meeting held Tuesday morning. The exact details discussed by regional councillors weren’t disclosed publicly; however, a spokesperson confirmed they would address what was talked about in closed session without providing further information. Community members inside council chambers shouted “shame” when council voted on appealing the court ruling. A total of twenty-eight people signed up to speak at this meeting including those residing in the encampment. Jason Fitzgerald emotionally told council: “I had everything. I had a car, trailer motorcycles, boats.” He continued: “I’ve lost all my stuff three times now; all I have left is my backpack and tent. Every night I go to bed hoping not to lose what’s left.” The majority who spoke urged against appealing Justice Gibson’s ruling from May instead advocating for implementing a tenting protocol suggested within his judgment. Kitchener resident Shannon Whitten shared her belief in prioritizing housing solutions. “Unfortunately we’re still quite far from achieving that goal but having safe tenting bylaws could really help us bridge that gap,” Whitten said. Ritika Shrimali from Social Development Centre Waterloo Region (SDCWR), which collaborates with residents at encampments remarked how establishing such protocols would provide basic services access. This ensures individuals have legal places where they can exist – regarded as an option when all else fails,” Shrimali explained.P>This option serves as one piece toward resolving issues surrounding homelessness-helping those slipping through cracks into isolation.”P>This group suggested developing tenting protocols could serve alongside relief strategies connecting low-barrier supports along with shelters transitional housing pathways.P>Evidently participants voiced concerns over Premier Doug Ford’s suggestion regarding potentially using notwithstanding clauses against clearing out encampments.”P>Youth advocate Tanner Bergsma emphasized council should affirm decisions concerning local matters remain under its authority ensuring thorough consultation before any provincial intervention occurs.”P. Farah Jurdi appealed directly stating “what Doug Ford threatens through his use clauses represents blatant disregard towards human rights regardless if there are thousands or just thirty involved.” WATCH | Residents from Kitchener Encamping Respond Post-Gibson Ruling In May:P class=”video-item-title”>’A good feeling’: Responses From Residents Regarding Court Approval To Stay Residents together voice reactions following Thursday’s decision made by an Ontario judge permitting current inhabitants within Kitchener’s campsites stay intact since removing them violates Charter Rights upheld according CBC Carmen Groleau speaking afterward.”Details Of The May Court RulingP>A Kitchener judge ruled around May 21st determining regions may not remove individuals staying indefinitely unless alternative sites become available additionally creating adequate protocols related camping specifically addressing their situation! P>(Through an extensive eighty-eight page conclusion Justice Gibson noted how existing accommodations provided limited options legally allowing tents setting up).
“Nobody ought romanticize or fantasize about these circumstances remaining encountered! It’s difficult ultimately dire encompassing entire conditions!” claimed Justice added “However , it still remains sole haven available representing last resort accessible homeless population!”Region owns land where existing camp resides indicating necessity proceeding construction scheduling upcoming project known relevantly titled ‘Kitchener Central Transit Hub’.Premier criticized decided asserting “ridiculous” remark reiterating intends sending multiple camps approximately nearby judge place testing validity experiences himself!”Furthermore adding consideration employing provisions should appear be initiated promptly post awaiting outlined plans unfold!Ashley Schuitema functioning executive director representing Community Legal Services shares dismay observing councils’ movement pushes forwarding appeals hindering potential avenues helping formulate permanent residences alternatives besides needed attention directed retaining occupied areas away moving dangerously close evictions occurring rapidly thereafter!Source link
