Injunction application to evict encampment residents in court (update)

The Region of Waterloo's injunction application to evict those currently living at the Weber and Victoria encampment in Kitchener is in court Monday and Tuesday.

Two hearing days are set for the case to potentially allow police to remove those living in the up to 70 tents pitched in the area.

It was back in June, an eviction notice was posted, with regional officials saying they would not be calling in police or bylaw officers, insisting they believed residents there would honour the notice.

A few weeks later, the court application was filed after the encampment stayed intact.

That application, notes the regional bylaw which “prohibits the erecting of tents/temporary structures, loitering” on regionally owned land.

CityNews 570 spoke an encampment resident, who attended the hearing on Monday, who said other residents are worried. 

“If they evict us, that's fine, but where are we going? Who knows. We'll go somewhere, but it's not fun,” said Duke. 

Some residents are unaware of the court proceedings and possible eviction.

“That's heartbreaking. I'm going to start crying. That was a complete surprise to me,” said another resident.

The region has the authority to remove people from the encampment, but is seeking guidance from the court on how to enforce it.

“I don't like fair. It's wrong or right. It's wrong. It's wrong not having a place to live,” said Duke. 

On Monday, the region's lawyer argued those living at the encampment have alternatives, including a “surplus” of shelter space and that the region cannot force people to choose alternatives. 

“When [people experiencing homelessness are] actually going to workers and counsellors they need to feel comfortable. They can't just be grilled on rule-oriented stuff. Most counsellors say you have to do this, or that's going to happen,” said an encampment resident.

On Tuesday, the lawyer disputed the claim, saying shelter beds aren't accessible to everyone because some are designed for women or youth, or don't allow pets.

Some people experiencing homelessness have also been banned from shelters or don't have transportation to get to a shelter.

Some encampment residents also provided submissions to the court describing how they experienced more safety at the encampment compared with experiences living rough. 

Meantime, regional staff are currently looking to build managed encampments, to help tackle the issue of homelessness in our community.

—With files from Germain Ma