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Ontario Court Limits Encampment Removal Without Housing Alternatives
A judge ruled that a regional government cannot clear an encampment without offering residents another site or a tenting protocol. The decision has drawn criticism from provincial officials who say they may appeal or use other measures.
May 28, 3:19 PM·1m read1 source
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N. in Kitchener unless it provides an alternative site or creates a tenting protocol. The decision addresses a site-specific bylaw passed by regional council for the property, which has hosted an encampment since late 2021 or early 2022. Officials sought the bylaw to clear the lot for use as a construction staging area by transit agency Metrolinx ahead of track work for a new transit hub.
Court Decision Details Justice Michael R.
Gibson issued the 88-page ruling on May 21. The order states that removal is not permitted without offering residents another encampment location or establishing a tenting protocol.
Ford called the decision ridiculous and said he would consider using the notwithstanding clause to clear the site. He stated he would give the courts another opportunity and that the region may appeal. A University of Ottawa law professor emerita sent an open letter to Ontario Attorney General Doug Downey stating that Ford's comments constitute a serious attack on judicial independence and raise concerns about judicial security.
The Region of Waterloo told CBC News it is reviewing the decision and did not indicate whether it will appeal.
