The Region of Waterloo will be appealing a court decision that deemed an encampment bylaw was unconstitutional.
The province said it would also be appealing the May 22 ruling by the Ontario Superior Court.
Regional council passed the controversial bylaw in April 2025 to clear the encampment at 100 Victoria Street North in Kitchener, Ont., and allow crews to begin work on the Kitchener Central Transit Hub. Anyone who moved into the encampment after the bylaw was enacted would not be considered a “resident” by the region. Lawyers with Waterloo Region Community Legal Services, however, felt that infringed on the Charter rights of the unhoused and urged the region to find an “alternative protected encampment,” such as establishing a safe tenting protocol.
Both sides presented their arguments at a three-day hearing in April.
Justice Michael Gibson ultimately sided with Waterloo Region Community Legal Services.
“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,” read the decision from Justice Michael Gibson. “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].”
Thus, he reasoned, the bylaw was unconstitutional.
On Tuesday morning, council voted 10-5 to appeal the court’s decision. The votes in favour were cast by Regional Chair Karen Redman, Jim Erb, Joe Gowing, Michael Harris, Cambridge Mayor Jan Liggett, Waterloo Mayor Dorothy McCabe, Joe Nowak, Wilmot Township Mayor Natasha Salonen, Woolwich Township Mayor Sandy Shantz, and Kitchener Mayor Berry Vrbanovic.
The five who voted against the proposal were North Dumfries Mayor Sue Foxton, Chantal Huinink, Colleen James, Matt Rodrigues and Pam Wolf.
When the final tally was revealed, some of the spectators in the gallery shouted “Shame!”
The region insists the court ruling has far-reaching consequences.
“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,” they wrote in a media release. “The Kitchener Central Transit Hub is a critical, long-term investment in the community’s future, connecting GO Transit, VIA Rail, the ION LRT, Grand River Transit, cycling routes and pedestrian connections together in one integrated space. The Transit Hub will improve access to jobs, housing, education, services and opportunities for hundreds of thousands of residents and visitors, all while supporting economic growth and sustainable development.”
Redman also noted their ongoing efforts to find alternate housing.
“Waterloo Region has significantly increased its investment in housing and homelessness supports over the past several years because we recognize that building strong communities requires both social supports and critical infrastructure,” she said. “This appeal is about ensuring municipalities have clarity on how to move forward with both of these important responsibilities.”
Premier Doug Ford expressed his dissatisfaction immediately following the court’s ruling.
“We’re letting 30 people trump millions and millions of transit riders?” he asked during an unrelated press conference on May 25. “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.”
Ford declared his support for the appeal and also hinted that he would consider using the notwithstanding clause to resolve the matter.
“Let’s just go through the proper process,” he said on May 25. “I’m going to give the courts another shot here. We’re going to appeal it.”
The premier has kept that promise.
“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,” Attorney General Doug Downey said in a media release. “As we continue making record investments in homelessness prevention, we will also continue delivering on our commitment to keep communities safe and to advance our $236 billion plan to build the transit, homes, highways and other infrastructure that our growing province needs.”
CTV News spoke with the Minister for Municipal Affairs and Housing Rob Flack on Tuesday.
“We cannot let encampments delay major infrastructure investments like the Kitchener Centre Transit Hub,” Flack said. “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.”
He believes Waterloo will find a solution with the province’s support.
“We understand the seriousness, the chronic nature of homelessness, but we cannot let an encampment hold up this major economic investment.”
When asked if the province is still willing to invoke the notwithstanding clause, Flack did not give a definitive answer.
“I can say we have a great respect for the judiciary. We will follow the steps of the judicial process. We’re confident that by using the appeal mechanism, we will win the day.”
The Social Development Centre has backed the idea of a safe tenting protocol in Waterloo Region, while acknowledging the concerns expressed by council.
“We believe this hesitation is rooted in a misconception of safe tenting as a be-all solution, when we know it is not. As the option of last resort, safe tenting is one puzzle piece in the solution. It catches the people falling through the gaps into supportlessness,” they said following council’s vote. “When paired with other interventions, the number and size of safe tenting zones needed can be reduced to a far more manageable experience.”
More to come.
