The Ontario Superior Court of Justice’s recent decision has significant implications for the rights of encampment residents in the Waterloo region. In a case scrutinizing the legality of forced evictions, Justice Michael R. Gibson ruled against the regional bylaw that would have allowed the removal of encampments in downtown Kitchener. This bylaw was deemed discriminatory, infringing upon the residents’ rights to life, liberty, and security, as protected under Section 7 of the Canadian Charter of Rights and Freedoms. The court emphasized that sufficient alternative shelter has not been provided by the municipality, effectively denying the residents a safe place to relocate.
Exploring further, the ruling also underscored how the bylaw violated the right to equality under Section 15 of the Charter, recognizing homelessness as an analogous ground. Justice Gibson highlighted the disproportionate impact on Indigenous individuals and residents with disabilities, who are over-represented among the unhoused population. Additionally, the decision stressed that the bylaw discriminates against women and gender-diverse individuals due to the acute shortage of municipal shelter spaces catering to their specific needs. More details of the court’s findings can be read here.
Moreover, the court’s decision drew upon Canada’s international commitments outlined in the International Covenant on Economic, Social and Cultural Rights, which obligates the government to pursue feasible alternative solutions and genuinely consult with residents before proceeding with any evictions. This reflects a rights-based approach to adequate housing enshrined in the National Housing Strategy Act of 2019.
Premier Doug Ford publicly criticized the court’s decision, dubbing it “the most ridiculous ruling I’ve ever seen.” Nevertheless, organizations such as the Waterloo Region Community Legal Services support the ruling, urging a comprehensive approach to addressing homelessness that involves collaboration across all governmental levels.
The encampments, located at a construction site planned for the Kitchener Central Transit Hub, remain at the center of local tensions. This transit hub is projected to house multiple transit systems, including ION light rail and Grand River Transit. As the region initially sought clearance of these encampments in May 2022, citing safety reasons, the court’s intervention repeatedly halted such attempts in both January 2023 and April 2025 due to insufficient shelter availability.