The Region of Waterloo has filed an appeal regarding a decision that stopped the removal of individuals living in an encampment in Kitchener, Ont., claiming the judge made “multiple errors.”
The notice, dated June 22, states that the court did not acknowledge the alternative housing supports that were available to residents at the downtown encampment located at 100 Victoria St. N., and that this land is essential for constructing the Kitchener Central Transit Hub.
“The application judge exceeded the court’s proper constitutional role and made multiple errors of law and mixed fact and law,” the notice indicates.
The region is also looking to overturn a ruling that determined its site-specific bylaw, which was updated in January, contravened the Charter of Rights and Freedoms, specifically concerning rights to life, liberty and equality.
In May, Superior Court Justice Michael Gibson ruled that people living at the encampment could not be removed unless they were offered another location or a tenting protocol was established.
In his 88-page decision, Gibson mentioned that this encampment is currently the only legal place within the region where individuals experiencing homelessness can set up a tent.
“No one should romanticize or be starry-eyed about the encampment. It is a miserable and desperate place,” Gibson remarked, describing it as “a refuge of last resort” for many.
On June 16, regional councillors voted to support an appeal.
Province Supports Region’s Appeal
Shortly after councillors voted for the appeal, Attorney General Doug Downey announced that the province would join in order to “provide the certainty and stability needed to advance critical infrastructure projects here in Waterloo region and across Ontario.”
Rob Flack, Minister of Municipal Affairs and Housing, told during an interview on that same day that encampments shouldn’t hold up infrastructure investments.
Ashley Schuitema, executive director of Waterloo Region Community Legal Services and a lawyer for residents at the encampment, expressed her disappointment with council’s decision to appeal during her conversation with in June. She noted it means preparing for what could be a lengthy legal battle to uphold the court’s ruling.
“It’s discouraging because we’re a small community legal clinic. Our resources to fight this appeal will detract from our ability to combat evictions which can lead people into further homelessness.”
Requests Related to Charter Submitted
In its appeal notice, the region outlines several requests from the Court of Appeal including asking it to overturn Gibson’s judgment.
The region seeks confirmation from the court stating its bylaw aligns with the Charter of Rights and Freedoms.
Additionally, it’s requesting an injunction preventing anyone from remaining or re-entering on-site once they have vacated it according to court documents.
The region is also asking for guidance on how best to “close the encampment” while still adhering to provisions within the Charter of Rights and Freedoms.
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