Region won't appeal court's ruling that blocks eviction of Kitchener encampment

A court ruling that blocks the eviction of people living at an encampment in Kitchener, Ont., will not be appealed by the Region of Waterloo.

In a ruling released on Jan. 27, Justice M.J. Valente said the people living at the 100 Victoria St. encampment in downtown Kitchener were not in breach of the region's bylaw on public conduct on regionally owned property. Valente dismissed the region's application for injunctive relief under section 440 of the Municipal Act, which would have allowed it to evict residents.

Valente cited the Charter of Rights and Freedoms and said the legal remedies sought by the Region of Waterloo went against the residents' rights to life, liberty and security of the person because of the lack of shelter space in Waterloo region.

In a news release sent Thursday afternoon, the region said it will instead focus its efforts on supporting those experiencing homelessness in the community. 

"Helping to end chronic homelessness while accelerating new affordable housing units are key priorities for the Region of Waterloo," the news release said.

This decision is a step in the right direction, Shannon Down, executive director of Waterloo Region Community Legal Services, told CBC News in an interview. She provided legal representation to some of the people living in the encampment in the eviction case.

"We're really pleased the region is not going to be pursuing an appeal," Down said.

"We'd like to see the region move forward and take a human rights-based approach in addressing chronic homelessness," she said, adding that spending money on an appeal would be better spent on affordable housing investments. 

In an emailed statement to CBC News, Regional Chair Karen Redman said addressing homelessness in Waterloo region is a shared responsibility. 

"Regional staff, working with outreach partners, will continue efforts to voluntarily transition individuals from 100 Victoria Street and other encampments into safer shelter spaces, including the outdoor shelter site will open at Erbs Road," she wrote. 

"Should those efforts not be successful, regional council could apply back to Justice Valente to rescind the declaration at a future date." 

Court ruling can be rescinded 

At the time of the court proceedings, the region had roughly 450 shelter beds with numbers cobbled together from a number of shelters and COVID-19 isolation centres. 

A point-in-time count in September 2021 found there were nearly 1,100 people who were homeless in the region.

Tents first appeared on an empty lot at the corner of Weber and Victoria streets early in 2022. The encampment grew to about 50 tents at its peak last summer. Other encampments have also grown in size, including one on regional land at 150 Main St. in Cambridge.

Down said Valente left the door open for the region to be able to rescind the declaration if it could bring forward evidence that the region had enough shelter spaces to accommodate the unhoused population. 

But Down says she hopes the region will take a different approach.

"The reality is, creating that many shelter beds doesn't make sense. Investing in affordable housing does," Down said. 

On Wednesday, regional council approved $163 million to increase shelter capacity and help fund its interim housing strategy.

The region's plan to open its first sanctioned encampment at 1001 Erbs Rd. in Waterloo is part of the strategy. The hybrid shelter, which will include tiny homes on the regionally owned land, is expected to house about 50 people. It's scheduled to open late next month.