Ontario, Region of Waterloo appeal court decision blocking Kitchener encampment removal

Ontario and the Region of Waterloo are taking their appeal to a higher court, challenging a recent judicial decision that prevented the removal of a homeless encampment. The governments contend that the land occupied by the encampment in a Kitchener parking lot is essential for the development of the Kitchener Central Transit Hub.

An Ontario Superior Court judge had previously ruled that a bylaw enacted by the region to clear the encampment, which housed about two dozen homeless individuals, infringed upon their Charter rights. The judge's decision was based, in part, on the region's stated inability to offer alternative lawful encampment sites if the current lot was vacated.

In a joint statement, Ontario Attorney General Doug Downey and Region of Waterloo Chair Karen Redman emphasized the need for certainty in building critical infrastructure. They stated that the appeal is necessary not only for the Kitchener project but also to set a precedent for similar infrastructure developments across the province. The region has been attempting to dismantle the encampment through legal channels since 2022 without success.

“

the appeal is needed in order to provide certainty as the government looks to build critical infrastructure projects not just in Kitchener, but across the province.