Appeal Filed Against Kitchener Encampment Court Decision

Waterloo Region and Ontario are challenging a court ruling that stopped the clearing of an encampment. CTV’s Alexandra Holyk reports.

The Region of Waterloo is set to appeal a court decision that found their encampment bylaw unconstitutional.

The province has also announced plans to appeal the May 22 ruling from the Ontario Superior Court.

Regional council enacted the controversial bylaw in April 2025 to remove the encampment at 100 Victoria Street North in Kitchener, Ont., so work could commence on the Kitchener Central Transit Hub. Anyone who moved into the encampment after the bylaw was passed would not be recognized as a “resident” by the region. However, lawyers with Waterloo Region Community Legal Services argued that this infringed upon the Charter rights of those experiencing homelessness and urged the region to explore an “alternative protected encampment,” such as establishing a safe tenting protocol.

Homeless encampment at 100 Victoria Street in Kitchener Homeless encampment at 100 Victoria Street in Kitchener, Ont. on May 2, 2025. (Alexandra Holyk/ )

Both sides presented their arguments during a three-day hearing in April.

Justice Michael Gibson ultimately sided with Waterloo Region Community Legal Services.

“The encampment is currently the only place in the region where it is not illegal for homeless people to set up a tent or structure,” read Justice Michael Gibson’s decision. “The region has clearly stated that if the encampment is cleared, it is not prepared to allow homeless people to shelter outdoors anywhere on region property. The extremity of this position is what ultimately drives the findings that the infringements are not saved by [the Charter].”

Thus, he concluded, the bylaw was unconstitutional.

Homeless encampment at 100 Victoria Street in Kitchener Homeless encampment at 100 Victoria Street in Kitchener, Ont. on May 2, 2025. (Alexandra Holyk/ )

On Tuesday morning, council voted 10-5 to proceed with appealing the court’s decision. The votes supporting this were cast by Regional Chair Karen Redman, Jim Erb, Joe Gowing, Michael Harris, Cambridge Mayor Jan Liggett, Waterloo Mayor Dorothy Mc Cabe, Joe Nowak, Wilmot Township Mayor Natasha Salonen, Woolwich Township Mayor Sandy Shantz, and Kitchener Mayor Berry Vrbanovic.

Those who opposed were North Dumfries Mayor Sue Foxton, Chantal Huinink, Colleen James, Matt Rodrigues and Pam Wolf.

When results were announced, some audience members shouted “Shame!”

Region of Waterloo council Region of Waterloo council chambers were photographed on June 3, 2026. (Krista Simpson/ )

The region insists that this court ruling has widespread implications.

Kitchener Central Transit Hub victoria region waterloo Future site of the Kitchener Central Transit Hub on April 16, 2025. (Dan Lauckner/ )

Redman also mentioned ongoing efforts towards finding alternative housing solutions.</

“Waterloo Region has significantly increased its investment in housing and homelessness supports over recent years because we understand that building strong communities needs both social support systems as well as essential infrastructure,” she said.

“This appeal aims at ensuring municipalities have clarity regarding how they can fulfill both responsibilities effectively.”

kitchen er100victoriaencam phomelesstentswintergeneric The camp mentat100Victoria Street Northin Kitchens January2026.(Dave Pettitt/)

Premier Doug Fordexpressedhisdissatisfactionimmediatelyfollowingthecourt’sruling.

“We’re letting30peopletumpmillionsandmillionsoftransitriders?”heaskedduringanunrelatedpressconferenceon May25.“Andthejudgeissaying, thejusthavetostaythere. Youcan’tmovethem. You’vegottabekidding. You’vegottabekidding.”

Forddeclaredhissupportfortheappealandalsohintedthathewouldconsiderusingthenotwithstandingclausetoresolve thematter.

“Let’sjustgothroughtheproperprocess,”hesaidon May25.“I’mgoingtogivethecourtsanothershother Herewe’regonnaappealit.”

Premier Doug Fordsaidnotwithstandingclausecouldbeusedfor Waterloo Regionencapments Premie r Doug Ford said he could use thenotwithstanding clause afterajudgemaderulingsabouta Waterloo Regionencamping.

Thepremierhaskeptthatpromise.

Thegovernmentisappealingthisdecisioninordertoprovidecertaintyandstabilityneededtoadvanc ecriticalinfrastructureprojectsherein Waterloo Regionandacross Ontario,”Attorney General Doug Downey saidinamediarelease.”Aswecontinuemakingrecordinvestmentsinhomelessnessprevention, wewillalsocontinue deliveringonourcommitm enttokeepcommunitiessafeandtoadvanc eour$236billionplantobuildthetransit, houseshighwaysandotherinfrastructurethatourgrowingprovinceneeds.”

The spokewith Ministerfor Municipal Affairsand Housing Rob Flack Tuesday.

“Wecannotletencammentsdelaymajorinfrastructureinvestmentslikethe Kitcher Centre Transit Hub,” Flacksaid.”It’sgoingtoconnectpeople, trains, buses, LRT, andultimately, it’sgoingtoprovide opportunitiesbuildhousingaroundthatfortransit-orientedcommunities. It’sgoingtobeaneconomicdriver.”

Hebelieves Waterloowillfindasolutionwithprovince’ssupport.

“Weunderstandtheseriousness, thechronicnatureofhomlessness, butwecannotle t anencampholdupthismajoreconomicinvestment.”

Whenaskediftheprovinceisstillwillingtoinvoke thenotwithstandingclause. Flackdidnotgiveadefiniteanswer.

“I cansaywehaveagreatrespectforthejudiciary. Wewillfollowthestepsofthejudicialprocess. We’reconfidentthatbyusingtheappealmechanism, we’llwinday.”100Victoria Streetkitchenercampinghomelessweber Homelessenc amp mentat100Victoria Street In Kitcheson July23;2025.(Dan Lauckner/)
The Social Development Centresupportedideaofasafetentingprotocolin Waterloo Regionwhileacknowledgingconcerns voicedby Council.

“Webelievethishesitationisrootedinamisconceptionofsafetingingasa be-allsolutionwhenweknowitisnot. Astheoptionoflastresort, safetingingisone puzzle pieceinthesolution. Ittakescareofthepeoplefallingthroughthosegapssupportlessness,”saidfollowing Council’svote.”Whenpairedwithotherinterventions，thenumberandsizeofsa fetingzonesneededcanbereducedtoafar moremanageableexperience.”

Moretocome.

Source link