Premier Doug Ford could use notwithstanding clause on Waterloo Region’s encampment ruling

Playing null of undefined

Premier Doug Ford said notwithstanding clause could be used for Waterloo Region encampment

Premier Ford says notwithstanding clause may be used in encampment ruling

Ontario’s premier is considering using the notwithstanding clause to fight a court decision about the homeless encampment in downtown Kitchener.

“We’re letting 30 people trump millions and millions of transit riders?” Doug Ford asked reporters at a press conference on Monday. “And the judge is saying, ‘They just have to stay there. You can’t move them.’ You’ve got to be kidding. You’ve got to be kidding.”

The Region of Waterloo has tried multiple times to clear 100 Victoria Street North, which they said is a necessary step before they can begin construction of the Kitchener Central Transit Hub, which will be the main link between Grand River Transit, ION light rail transit, GO Transit, VIA Rail, intercity buses and passenger vehicles. In April 2025, regional council voted in favour of an encampment bylaw which forbade anyone new from moving onto the property.

The region said anyone who arrived after the bylaw was enacted would not be considered a “resident,” while lawyers with Waterloo Region Community Legal Services felt the bylaw infringed on the Charter rights of the unhoused.

A three-day hearing was set aside for legal arguments in April 2026.

On Friday, CTV News was given a copy of the ruling from Ontario’s Superior Court of Justice in which Justice Michael Gibson called 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,” he wrote. “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].”

That didn’t sit well with the premier.

“It’s the most ridiculous ruling I’ve ever seen,” Ford said Friday, explaining that he had already spoken with the regional chair, municipal politicians and the attorney general about the decision.

He was still fired up about it on Monday.

“You can’t let 30 people decide for millions and millions of people. Another crazy decision by the courts,” Ford said.

“We’re going to deal with it,” he added. “Hopefully the region is going to appeal it. We’ll intervene and then stay tuned. Because that’s the reason they have section 33, [the] notwithstanding clause, because of crazy decisions like this one.”

The clause gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the Canadian Charter of Rights and Freedoms.

Ford would not, however, fully commit to his next steps.

“Let’s just go through the proper process,” he said. “I’m going to give the courts another shot here. We’re going to appeal it.”

The region has not formally announced plans to appeal the decision. A spokesperson said the region is still reviewing the ruling and determining what the next steps, if any, will be.

The premier also railed against the court system.

“These life-long judges that can’t be touched. No one can touch them,” he insisted. “They can come up with radical decisions that is totally against what the people want.”

Ford also claimed the bylaw was better for the neighbourhood.

“I’ve talked to businesses,” he told reporters “They’re being harassed by these homeless people every single day. They have to lock their doors during the day, cause they’ll come in and try to take something.”

The premier did not cite any specific examples.

He ended his comments with another tease to: “Stay tuned.”