Victoria Street encampment residents say judge's order gives them legal protection from eviction

Ontario Superior Court Justice Michael R. Gibson ruled on May 22 that the Region of Waterloo cannot evict residents from the encampment at Victoria and Weber streets in downtown Kitchener. The 88-page decision said the region’s site-specific bylaw violates Charter rights and blocks enforcement against people living on the property. Residents said the order gives them legal protection to remain on the site, at least for now. Regional officials, advocates and provincial politicians responded within a day as the dispute over homelessness and the planned Kitchener Central Transit Hub moved into its next phase. ### Why do residents say the order changes their position right now? Avery Francis said on May 23 that the ruling means people at the encampment can stay without immediate fear of removal. Francis, who CBC reported has lived there for almost three years, said the camp has brought stability while he works toward recovery and housing. Vanessa Haines, who has lived there on and off for about two years, also said the decision allows residents to remain while still needing more community support. (cbc.ca) The encampment at 100 Victoria St. has existed since late 2021, and CBC reported there are currently between 30 and 35 tents on site. Gibson wrote that the location is the only place in the region where people experiencing homelessness can legally set up a tent or structure, calling it a “refuge of last resort.” ### What exactly did the judge block the region from doing? (cbc.ca) The May 22 ruling stopped the Region of Waterloo from using a bylaw passed in April 2025 to clear the site. CBC reported that the bylaw had been amended in January 2026 to defer the vacant-possession date, remove a financial penalty for people who stayed or returned, and create a transition policy offering alternative accommodation. Gibson still found the bylaw unconstitutional. (cbc.ca) Falconers LLP, which represented an intervener in the case, said the decision in *The Regional Municipality of Waterloo v. Named Respondents and Persons Unknown, 2026 ONSC 2971* also found homelessness to be an analogous ground under Section 15 of the Charter. That account came from counsel involved in the case, and the firm described the decision as historic. (cbc.ca) ### Where does David Alton’s tenting protocol fit into this? David Alton of the Social Development Centre Waterloo Region said after the ruling that a tenting protocol could provide a more stable foundation for people experiencing homelessness. CBC’s syndicated report said Alton has worked closely with encampment residents and with the Region of Waterloo, and that he welcomed the decision while arguing that more structured rules and supports are still needed. (falconers.ca) CambridgeToday reported in February that Alton presented what he called a “safe tenting framework” to regional committee members after gathering more than 1,800 signatures. That proposal was framed as an alternative approach to encampments while housing shortages persist across the region. ### Why is the region trying to clear this site? (ca.news.yahoo.com) The Region of Waterloo owns the property and has said it needs the land for the planned Kitchener Central Transit Hub. CBC reported that the site-specific bylaw was designed to remove residents from the lot so construction could proceed. CityNews reported that lawyer Heather Schuitema said the judge’s order does not permanently bar the region from moving ahead. (cambridgetoday.ca) Schuitema said the ruling indicates the region can clear the property if it first establishes a safe tenting protocol or provides an alternative encampment site. CityNews said Gibson pointed to examples in London and Thunder Bay. (cbc.ca) ### Who else reacted after the decision? Ontario Premier Doug Ford said on May 23 that the ruling was “the most ridiculous ruling I’ve ever seen,” according to CBC and Falconers LLP’s summary of media coverage. Ford’s comments came a day after the decision was released. Residents and advocates gave a different response. Francis told CBC he hoped governments would provide resources and stable housing, while Alton said the decision creates space to work on a more formal protocol and services around the encampment. (kitchener.citynews.ca) ### What happens next for the encampment and the transit project? Waterloo Region officials have not cleared the site because the court barred enforcement of the bylaw on May 22. (cbc.ca) CBC reported that regional staff had already revised the bylaw once in January and said the property remains tied to transit hub construction plans. The next step is likely to center on supports, alternative accommodation or a formal tenting framework. David Alton and regional staff have been discussing versions of that approach, and the region’s decisions on protocol or relocation will determine when it can try again to take possession of 100 Victoria St. for the transit hub. (cambridgetoday.ca) (cbc.ca)