Lawyers for encampment residents ‘disappointed’ Waterloo Region plans to appeal court ruling

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

The lawyers representing residents of a downtown Kitchener encampment are disappointed the Region of Waterloo decided to appeal a ruling by the Ontario Superior Court.

The two sides asked a judge to weigh in on a controversial bylaw which was meant to clear 100 Victoria Street North and pave the way for construction of the Kitchener Central Transit Hub.

Lawyers with Waterloo Region Community Legal Services (WRCLS) argued that the bylaw infringed on the Charter rights of the people living at the encampment. Instead, they proposed a safe tenting protocol or designated areas where people could legally set up temporary overnight shelters.

Justice Michael Gibson ultimately sided with WRCLS and declared the bylaw unconstitutional.

“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,” his decision read. “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].”

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On May 22, both the Region of Waterloo and Government of Ontario announced their intention to appeal the ruling.

“It has implications not only for the region, but potentially for other municipalities across Ontario and highlights the challenge of balancing the responsibility to support vulnerable residents while delivering essential public infrastructure and services,” the region wrote in a media release.

“We cannot let encampments delay major infrastructure investments like the Kitchener Centre Transit Hub,” insisted Rob Flack, the Minister for Municipal Affairs and Housing, in an interview with CTV News on May 19. “It’s going to connect people, trains, buses, LRT and ultimately, it’s going to provide the opportunity to build housing around that for transit-oriented communities. It’s going to be an economic driver.”

Waterloo Region Community Legal Services was disheartened by the region’s reaction. They shared their response on Monday.

“The appeal suggests the region does not accept Justice Gibson’s ruling or the guidance provided on how to move forward with the dispute, including opportunities to engage in solutions to homelessness – namely, establishing a safe tenting protocol, providing an alternative encampment site in the area, or both,” they wrote. “Taking this case to the Ontario Court of Appeal not only uses valuable time and resources that could be better used elsewhere, but also further delays the work of finding meaningful solutions to homelessness locally.”

The lawyers also pointed out the potential impact on the region’s own plan for 100 Victoria Street North.

“This course of action will also inevitably cause further delay to Metrolinx’s work on the Kitchener Central Transit Hub,” they noted.

With reporting from CTV’s Jeff Pickel and Colton Wiens