Dates set for hearings over region’s encampment eviction bylaw

The Region of Waterloo will be back in court next month to argue the constitutionality of the site specific bylaw to clear the homeless encampment at 100 Victoria Street.

The issue from the get-go has revolved around the rights of the residents living in the encampment. Advocates argue the region is violating the residents’ charter rights by evicting them without having adequate shelter space to accommodate them.

The Superior Court of Justice will now hear the arguments on April 16, 17, and 20.

In August of 2025, the Ontario Superior Court issued an injunction that prevents the region from evicting the residents until a superior court ruling is made.

In January, regional council passed amendments to the site-specific bylaw that got rid of the trespassing fine. It pushed back the eviction date to April 1, 2026 and it also would require the Region to create individual transition plans to connect the residents with aid, finding a place to stay. The region had hoped the amendments would be sufficient.

Ashley Schuitema, Executive Director, Waterloo Region Community Legal Services (WRCLS), which is representing some of the residents, told 570 NewsRadio that while the transition plan sounds like a great idea, the problem lies elsewhere.

“Their definition of ‘resident’ is very narrowly defined. They have only defined ‘a resident’ as someone who is living there as of April of last year. The population at the encampment is very fluid. It ebbs and flows as people lose other forms of shelter.”

Schuitema explained what will happen when court is finally in session. She said evidence has already been presented, so there won’t be any direct or cross-examinations. Instead, the region will argue the bylaw is constitutionally sound, while WRCLS will argue the bylaw does violate the residents’ charter rights.

After that, the court will hear from other parties, said Schuitema, “There’s an amicus who is a ‘friend of the court’ who has been appointed to represent people at the encampment who either don’t have capacity or may have fluctuating capacity to retain council. They will also be hearing from the Attorney General of Ontario and from three intervener parties.”

In preparation for the hearing, Schuitema said there was a particular case that caught their attention in another municipality that could impact their case.

“There was an encampment case out of Hamilton that was just heard at the Ontario Court of Appeal. Any sort of guidance or decisions that come from the Ontario Court of Appeal would be binding on the Superior Court of Justice in this case. So we’re keeping a close eye on that decision.”

570 NewsRadio reached out to the Region of Waterloo for a comment. In and emailed response the Region said:

“The injunction ruling remains in effect. Court dates are scheduled for April 16, 17 and 20, 2026. Given the matter is before the Court, we will not be commenting further.”