Ontario’s Superior Court of Justice has ruled in favor of residents at a Kitchener encampment, preventing the Region of Waterloo from evicting them before a November court hearing. The region had passed a bylaw to clear the encampment by December 1, to make way for Metrolinx’s transit hub. However, the court decision stops enforcement of this bylaw until a hearing scheduled for November 19-21, where the legality of the bylaw will be debated. In a previous ruling, Justice M.J. Valente stated the region could not evict people without sufficient shelter space, citing their Charter rights to life, liberty, and security.
The encampment, located at 100 Victoria St. N., has become a symbol of the region’s increasing homelessness issue, which has seen a 78% rise in homelessness from 2021 to 2024. Lawyer Ashley Schuitema, representing the residents, emphasized the importance of maintaining the status quo to protect residents from eviction before the full hearing. She argued that the region’s current housing plan isn’t adequate, and she hopes to convince the judge that it violates the residents’ Charter rights, urging for a better plan. The region has stated it will respect the court’s decision while continuing to offer support services.
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