Legal group seeks court injunction over plan to clear Kitchener encampment
Posted Aug 8, 2025 02:10:49 PM.
Last Updated Aug 11, 2025 09:46:09 AM.
A local legal group is seeking a court injunction over the Region of Waterloo’s plan to clear the long-standing encampment at 100 Victoria St. in Kitchener.
In April, the region approved a site-specific bylaw that aims to have the site vacant by Dec. 1 to make way for a major transit hub development project.
Waterloo Region Community Legal Services (WRCLS) is now looking for an injunction from the court to pause the bylaw.
On Friday, Superior Court Justice Michael Gibson reserved his decision on the case.
WRCLS Executive Director Ashley Schuitema tells 570 NewsRadio it’s unclear how long it will be until that decision is made.
“The judge reserved his decision meaning we have to wait. There are no official timelines for how long it may take.”
David Alton with Social Development Centre Waterloo Region told The Mike Farwell Show on Friday that WRCLS wants the implementation of the bylaw to be put on hold as court proceedings on its constitutionality won’t begin until November.
“Without this injunction in place, the region can start enforcing the bylaw and evicting the encampment before they’ve even heard if they’re even allowed to do so,” Alton said. “This injunction is quite necessary to give the people who value that encampment the opportunity to at least make their case.”
The constitutionality questions come from a judicial ruling in 2023 when a Superior Court judge found the region’s attempt to clear the encampment was a violation of Charter rights.
When the region approved its bylaw, a release said, “Regional staff intend to seek further direction from the Superior Court of Justice in the context of the decision from Justice Valente in Region v. Persons Unknown and to be Ascertained, to the extent feasible and compatible with the anticipated construction schedule.”
The region has said 100 Victoria St. is needed for the future Kitchener Central Transit Hub, and the Dec. 1 deadline is necessary so preparations can take place before Metrolinx requires the land in March 2026.
The region noted that part of its eviction plan includes transitioning the encampment residents into alternative housing, with increased resources and support.
Alton, however, said there aren’t enough stable shelter options for the encampment residents who are being told to move.
“So it is very likely that those people will be back on the streets but now, without the encampment being there, there is no option of last resort that’s got support from both agencies and mutual aid groups, so it’s going to be a lot more vulnerable time for those people and those people are going to be more distressed and in more public-facing areas — like wandering on the streets or setting up tents in the back of businesses.”
He said an eviction would push the encampment residents into a state of higher vulnerability within the broader community.
“Where at the encampment, it is more contained and there are more supports, and people are finding some stabilization as it currently is. Which is why we are arguing that until we address these longer, bigger issues that are fuelling the housing crisis, that are leading thousands of people into homelessness, we need better options than forcing people to roam the streets.”
Alton said he’s not part of the WRCLS legal team involved with the court injunction, but part of his work has involved interviewing encampment residents and having discussions with regional staff about alternative options, and he hopes to see a ‘safe tenting zone’ framework implemented in Waterloo Region.
