Ontario, Region of Waterloo appealing court ruling that blocked encampment removal

Ontario and the Region of Waterloo are appealing a recent court decision that blocks the removal of a homeless encampment in a Kitchener, Ont., parking lot, saying there is a need for clarity provincewide on how to handle similar scenarios.

An Ontario Superior Court judge last month ruled that a local bylaw created to allow the region to remove about two dozen homeless people from the encampment violates their Charter rights.

Ontario Attorney General Doug Downey and Region of Waterloo Chair Karen Redman say in a joint statement that they intend to appeal, as the lot is needed for construction of the Kitchener Central Transit Hub.

“Our government is appealing this decision in order to provide the certainty and stability needed to advance critical infrastructure projects here in Waterloo Region and across Ontario,” Downey wrote.

Redman said the appeal is about ensuring municipalities have clarity on how to balance the needs of supporting people experiencing homelessness with the need to build a growing community.

“The Kitchener Central Transit Hub is a transformative project that will serve residents for generations, improving connections to jobs, housing, education and transit throughout our region and beyond,” Redman wrote.

Since 2022, the region has tried to dismantle the encampment through the courts, but has so far been unsuccessful.

Superior Court Judge Michael R. Gibson found the bylaw unconstitutional in part because the Region of Waterloo said it was not prepared to allow any alternative lawful encampment sites for homeless people if that lot was cleared.

By Allison Jones