Region of Waterloo loses legal bid to clear Kitchener encampment

Playing null of undefined

Waterloo Region loses bid to clear encampment

Ford reacts to 'ridiculous' encampment bylaw ruling

The Region of Waterloo has failed in its latest legal attempt to evict people living at the Victoria Street encampment in downtown Kitchener, Ont.

Waterloo Region Community Legal Services, the group representing encampment residents in the matter, shared with CTV News the 88-page decision from Ontario’s Superior Court of Justice.

Regional council passed an encampment bylaw in April 2025 with the goal of clearing 100 Victoria Street North so they could turn it into a staging area for crews working on the Kitchener Central Transit Hub, followed by remediation efforts which are expected to take at least three months. Once that is done, Metrolinx will begin construction at the site.

The region’s bylaw forbade anyone new from moving into the encampment. At the time, approximately 40 people were living on the property. The region maintained that all of them had been moved into a shelter, were given other housing options or left the site of their own accord. They felt that anyone who moved into the encampment after the bylaw was issued would no longer meet the definition of an encampment “resident.”

Lawyers with Waterloo Region Community Legal Services disagreed. They said the bylaw infringed on the Charter rights of the unhoused. In their view, the region’s efforts to limit who qualified as a resident ignored the reality of the homelessness issue. They also urged the region to find an “alternative protected encampment.”

“A miserable and desperate place”

The court heard those arguments at a hearing held over three days in April 2026.

Justice Michael Gibson delivered his written decision on May 21, ruling 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,” the 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]. No one should romanticize or be starry-eyed about the encampment. It is a miserable and desperate place. But it represents the only remaining safety valve for the region’s homeless as a refuge of last resort.”

Justice Gibson recommended the region create an accommodation plan that includes an alternative location for encampment residents, or develop a tenting protocol. He said those options would need to offer the same access to “essential” services and healthcare as 100 Victoria Street.

The court also suggested the region should follow London and Thunder Bay’s lead by creating “lawful designated encampment zones.”

Justice Gibson ended by encouraging the region to return to court once a safe tenting protocol was in place, or an alternative location “somewhere reasonably proximate to 100 Victoria,” to request a review or seek further direction from the court.

Kitchener Mayor Berry Vrbanovic said he was disappointed by the decision.

“Throughout [the last five years], the Region as the landowner, has endeavoured to be fair, reasonable and deal with the residents at the encampment with care and compassion, including also investing millions of dollars in homelessness and housing programs,” Vrbanovic said, in part, in an emailed statement. “Regretfully, the court’s decision doesn’t appear to acknowledge those efforts nor the disproportionate negative impacts on residents and businesses both in the surrounding area, and our broader community. I have been in touch with the Premier and have dialogued with other local leaders and mayors from other Ontario jurisdictions, and will continue to do so as we work with the Region locally to deal with a complex issue affecting their lands in Kitchener and lands in other cities and communities in Ontario and across Canada.”

“Ridiculous ruling”

Premier Doug Ford was asked about the court’s ruling at a press conference in Sault Ste. Marie.

“It’s the most ridiculous ruling I’ve ever seen,” Ford answered angrily. “Don’t get me wrong. I have a great deal of respect for our judges [on the] supreme court. But he comes out with this cockamamie idea that they’re going to hold up an encampment – hold up transit – for, what? Thirty people? They’re going to hold up millions and millions of riders, communities and everything, saying you can’t go in there. You can’t touch them. So, guess what folks? Anyone can show up in your backyard – I wish they would show up in this judge’s backyard – and set up camp. It’s the craziest thing I’ve ever heard.”

The premier ended with: “There’s a lot of crazy decisions coming from our courts lately.”

Waterloo Region Chair Karen Redman spoke with Ford and municipal leaders Thursday night regarding the court decision and broader challenges municipalities face when it comes to encampments and homelessness.

“The discussion reinforced the importance of coordinated support and shared solutions across all levels of government,” a statement from the region said.

“The region is reviewing the decision carefully and will continue working with provincial and municipal partners on next steps that are compassionate, practical and legally compliant.”

Lawyer reaction

Ashley Schuitema, from Waterloo Region Community Legal Services (WRCLS), was pleased with the court’s ruling.

“To see this result is amazing for our clients,” she told CTV News. “And it’s amazing for people that are experiencing homelessness in our community.”

According to Schuitema, the number of places where the unhoused can find shelter has dwindled.

“There’s no space where people can legally tent,” she explained, specifically citing the rules already in place in Waterloo, Kitchener and Cambridge. “There’s other people tenting around the community but they get moved along, they get evicted, they get shuffled on because they don’t have that protection.”

She hopes the region takes the court’s recommendations to heart.

“It’s something we’ve actually been advocating for for a really long time.”

In response to Ford’s comments, Schuitema shared the following statement: “WRCLS is hopeful that the premier will work with the region towards meaningful solutions to homelessness and respect the court’s ruling.”