Court rules in favour of Kitchener encampment residents, pausing plans to evict them

A judge has ruled that no one can be evicted from a Kitchener encampment until the constitutionality of a bylaw is tested in court. CTV’s Krista Simpson reports

The Region of Waterloo’s plans to evict residents at a Kitchener encampment have been put on hold after a judge ruled in favour of the residents.

Earlier this month, lawyers for the residents went to court seeking an injunction to delay a bylaw that would force residents out of a downtown Kitchener encampment so construction can begin on the Region of Waterloo’s new transit hub.

On Aug. 20, a judge granted the injunction, meaning the Region of Waterloo can no longer enact its bylaw for now.

The site-specific bylaw, approved in April by regional councillors, allowed the region to clear the encampment at 100 Victoria St., with the plan to have all those living there moved off site by Dec. 1. The Region said it intended to transition residents who live at the encampment to alternative housing options.

The Region says it needs the site cleared as the property is needed as a staging area for the construction of a new transit hub.

This is not the first time the site has been at the centre of a legal challenge.

In 2023, the region lost a bid for a court injunction to evict residents.

Justice M. Valente declined to declare that the people living there were in breach of a regional bylaw.

The ruling read, in part: “The region does not have adequate, accessible shelter spaces for its homeless population of some 1,100 individuals”.

The judge went on to say that the bylaw the region had used to enforce encampment orders “deprives the homeless residents of the encampment of life, liberty and security of the person in a manner not in accordance with the principles of fundamental justice and is not saved by section 1 of the charter.”

Justice Valente’s ruling indicated the Region could return to court to terminate the decision if they could prove they were no longer violating the section 7 rights of the encampment residents.

The region is set to bring the more recent bylaw before a judge at a hearing scheduled for November 19-21, 2025 to determine its constitutionality.

“People living at the encampment are the most vulnerable. And there’s a lot of harms that could happen to them if they’re evicted with nowhere else to go,” Ashley Schuitema said, executive director of Waterloo Region Community Legal Services, who represents encampment residents.

The injunction granted by Justice Gibson will remain in place until the conclusion of that hearing.

In the meantime, the court ordered that the region cannot prohibit entry to the encampment, put up fences or barriers or dispose of personal belongings of encampment residents.

In their decision, the judge said the issues between the region and encampment residents are ‘complex and difficult’.

“The situation is fluid,” said the judge. “The court will be in a much better position to address them upon a more fulsome evidentiary record at the hearing applications in November.”

Justice Gibson made it clear there would be a meticulous review of all the evidence before anyone at the encampment is forced to move.

“There’s a lot of evidence and there’s a lot of important things to consider. There’s a lot of expert evidence there are a lot of important constitutional law arguments that will be put before the court. And I appreciate that the court is going to take the time to understand how important these are and not rushed into anything,” said Schuitema.

The encampment remains large. An estimated 40 to 50 people are living there now.

“There is such a sigh of relief that we don’t have to go down and and warn residents that they could be evicted at any time,” said Schuitema.

Region of Waterloo reacts

A representative with the Region of Waterloo sent a statement to CTV News after the decision.

“We respect the court’s decision to maintain the status quo at the site until the court hears and can consider all of the evidence and legal submissions for a full consideration of the issues in November 2025,” said the statement from the region.

The region said it would continue to provide supports at the site, including individual housing plans and connections to services.