The recent court ruling that stops the Region of Waterloo from clearing an encampment in Kitchener, Ont., without providing alternatives for those living there “sends a clear message” to governments, according to the federal housing advocate.
In a statement released on Thursday, Marie-Josée Houle mentioned that this message emphasizes the need for governments to uphold the human rights of individuals in encampments.
“Evicting people from encampments into greater danger is not the answer, and this ruling affirms it is a violation of their fundamental rights,” Houle wrote.
“The way forward is clear – meaningful engagement with residents, respect for their dignity and safety, and real investments in permanent housing and supports that address the root causes of homelessness.”
Charlotte-Anne Malischewski, chief commissioner of the Canadian Human Rights Commission, stated in the same release that this decision “is a landmark affirmation that governments in Canada must address homelessness in line with their human rights obligations.”
“By recognizing the rights of encampment residents and engaging meaningfully with international human rights law, the court has reinforced that the right to adequate housing, dignity and equality must guide government action,” Malischewski said.
WATCH | People at Kitchener encampment react to ruling:
‘A good feeling’: Kitchener encampment residents react after court rules they can stay
Residents and advocates have shared their thoughts after an Ontario judge decided that people living at a Kitchener encampment can remain. The ruling was handed down on Thursday at the Ontario Superior Court of Justice and stated that the Region of Waterloo cannot remove residents from this downtown site because it violates their Charter of Rights. CBC’s Carmen Groleau spoke with residents on Friday.
Ford mulls using notwithstanding clause to clear Kitchener encampment
Ontario Premier Doug Ford is thinking about using the notwithstanding clause after an Ontario Superior Court judge’s decision kept residents from being moved out of a downtown Kitchener camp. The region indicated they need that land for major transportation hub construction.
On Monday, Ford mentioned he would consider applying the notwithstanding clause to remove people from there.
“I’m going to give the courts another shot here,” he stated. “Hopefully, the region will appeal. We’ll be right there with them.”
Ford’s remarks led University of Ottawa law professor emerita Martha Jackman to write an open letter addressed to Ontario Attorney General Doug Downey.
The letter described Ford’s comments as “a serious attack on the constitutional principle of judicial independence and raise profound concerns regarding judicial security and the administration of justice in Ontario.”
The Region of Waterloo has informed it is reviewing this decision but did not answer whether they plan to appeal it.
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‘A good feeling’: Kitchener encampment residents react after court rules they can stay
Residents and advocates have shared their thoughts after an Ontario judge decided that people living at a Kitchener encampment can remain. The ruling was handed down on Thursday at the Ontario Superior Court of Justice and stated that the Region of Waterloo cannot remove residents from this downtown site because it violates their Charter of Rights. CBC’s Carmen Groleau spoke with residents on Friday.
Court decision criticized by premier
The Region of Waterloo approached the court seeking clarity on a new site-specific bylaw passed for 100 Victoria St. N., where an encampment has existed since late 2021/early 2022. This bylaw aimed to remove people from the property as the region claimed it needed the lot as a staging area for Metrolinx construction work related to a new transit hub project planned for nearby. On May 21, Ontario Superior Court Justice Michael R. Gibson issued an 88-page ruling stating that individuals could not be removed unless they were offered another place or if there was a tenting protocol put in place. This decision faced criticism from Premier Doug Ford who called it “ridiculous,” adding, “I’ll send 15 encampments in [the judge’s] backyard and see how he likes it.” WATCH | Premier Doug Ford on possibly using notwithstanding clause:
Ford mulls using notwithstanding clause to clear Kitchener encampment
Ontario Premier Doug Ford is thinking about using the notwithstanding clause after an Ontario Superior Court judge’s decision kept residents from being moved out of a downtown Kitchener camp. The region indicated they need that land for major transportation hub construction.
On Monday, Ford mentioned he would consider applying the notwithstanding clause to remove people from there.
“I’m going to give the courts another shot here,” he stated. “Hopefully, the region will appeal. We’ll be right there with them.”
Ford’s remarks led University of Ottawa law professor emerita Martha Jackman to write an open letter addressed to Ontario Attorney General Doug Downey.
The letter described Ford’s comments as “a serious attack on the constitutional principle of judicial independence and raise profound concerns regarding judicial security and the administration of justice in Ontario.”
The Region of Waterloo has informed it is reviewing this decision but did not answer whether they plan to appeal it.Source link
