Encampment lawyers dispel myths about Victoria St. ruling
Posted Jun 11, 2026 03:50:09 PM.
Last Updated Jun 12, 2026 04:54:39 PM.
Whether you support the decision or not, Ontario’s Superior Court has ruled that evicting the residents of 100 Victoria St. violates their Charter rights.
While people continue to debate the decision, the legal team representing the residents of the encampment have identified a few myths and misconceptions surrounding the encampment and the subsequent ruling.
In the hours after Justice Gibson’s decision was released, Premier Doug Ford called the ruling “cockamamie” and then stated that now somebody could just set up a tent on a property and no one can do anything about it.
Ashley Schuitema, Executive Director, Waterloo Region Community Legal Services (WRCLS), was a guest on The Mike Farwell Show where she said, that is not true.
“The Charter only applies to government property and government decisions. It doesn’t apply to private property. This ruling doesn’t mean that anyone can set-up at tent in your backyard or that they would be entitled to stay. It’s just about government.”
Schuitema added, “We hope that’s something we can dispel because it’s absolutely not true.”
WRCLS made a list that included four other myths that need to be dispelled. The second myth was that the residents are choosing to stay, despite being offered somewhere to go.
Schuitema said this point isn’t just about those living at 100 Victoria St. It involves all the individuals experiencing homelessness in the region.
“Originally, the Region’s bylaw said, ‘We’re going to say there are 40 residents here; we’re going to commit to finding something for those 40.’ But that really leaves in a lurch all the people that come and go from that encampment,” said Schuitema. “It’s not really about a static group of 40 or a static group of 30, because people come and go all the time. It’s the only place in the Region that people are able to legally set up a tent. Anywhere else they’re getting ticketed; they’re getting fined and getting moved along.”
According to WRCLS, there are 2,371 people experiencing homelessness in Waterloo Region, but only 356 emergency shelter beds.
Schuitema pointed out that many of those shelter beds have barriers that could prevent individuals from accessing them.
Construction delayed
Perhaps the most prevalent myth circulating is that the Kitchener Transit Hub construction project can’t proceed until the encampment is cleared.
Once again, Schuitema said that’s not the case.
“This Metrolinx project has been delayed multiple times. Even throughout this litigation, Metrolinx keeps pushing back its deadline, unrelated to the people living at the encampment. So, those timelines are definitely in flux, and I don’t think it’s necessarily fair to say that the encampment is what’s holding up the project.”
Schuitema said that if the region were to set up an alternate encampment site or develop a protocol identifying where tents can be set up, they’d be able to clear 100 Victoria St.
However, there are members of the public who believe the community should not support encampments and the region should focus more on housing.
Schuitema pointed out that these people have nowhere else to go.
“People don’t like encampments, but it is just the reality of where we’re living. We don’t have enough housing. We need to solve that but in the meantime, we need something better than just continuously evicting people and displacing them.”
When asked about the premier leaving the door open to use the Notwithstanding Clause to overrule the Justice and clear the encampment, Schuitema said that sets a dangerous precedent and hopes this situation doesn’t come to that.
When the initial ruling was handed down late last month, the Region of Waterloo issued a statement saying:
“The Region has received the decision of the Ontario Superior Court regarding the 100 Victoria St. encampment. We are reviewing Justice Gibson’s ruling and will determine next steps in the coming days. We remain committed to providing outreach and supports to those experiencing homelessness across the region.”
Region statement
A statement from the Region to 570 NewsRadio reads:
“The Region remains committed to providing outreach and supports to those experiencing homelessness across the region. In October 2024, the Region and more than 40 community partners completed the local Point in Time Count and survey. The results found that 2,371 individuals in our community were experiencing homelessness at that time.
The Region of Waterloo invests across the housing continuum to support people where they are on their housing journey.
Between 2022 to 2025, there was a 61% increase in the number of people who the Region moved from chronic homelessness to permanent housing. In 2025, the Region supported 809 people into permanent housing from homelessness, and of those, 390 were people experiencing chronic homelessness.
The Region oversees a significant community housing system, overseeing more than 5,600 affordable housing units across the region, including co-op, non-profit, rent supplement and below-market units. This includes over 2,800 units in the Waterloo Region Housing portfolio.
The Region continues to advocate to its provincial and federal partners for the resources and support needed to increase affordable housing supply and help meet the growing needs of Waterloo Region residents.”
