Judge to decide Kitchener encampment's future
- A judge will soon rule on the future of a Kitchener encampment as legal challenges proceed. - The case could determine removal, services, or protections for unhoused campers in the Region of Waterloo. - Local advocates, city officials and residents are watching closely for the court's impact on homelessness policy (therecord.com).
An Ontario judge has reserved his decision on whether the Region of Waterloo can clear the encampment at 100 Victoria St. N. in Kitchener. (kitchener.citynews.ca) Ontario Superior Court Justice Michael Gibson heard three days of arguments on April 16, 17 and 20, 2026, and left in place an injunction first issued in August 2025 until he rules. (wrcls.ca) (kitchener.citynews.ca) The Region says it needs the lot by June 2026 so Metrolinx crews can use it for staging work tied to the Kitchener Central Transit Hub. Regional lawyers told court the property is the only region-owned site large enough for that purpose. (cbc.ca) Lawyers for encampment residents argue the bylaw still violates Charter rights because people cannot be forced off the land without somewhere else to live. The Canadian Civil Liberties Association entered the case in 2025 and said earlier rulings recognized a right to shelter in public space when adequate alternatives do not exist. (ccla.org) (wrcls.ca) That earlier ruling came on January 27, 2023, when Justice Michael Valente found Waterloo Region’s effort to clear the same site breached residents’ Charter rights. People had first moved onto 100 Victoria in early 2022. (wrcls.ca) (cbc.ca) Regional council tried again on April 23, 2025, passing a site-specific bylaw to clear the encampment by December 1, 2025. CityNews reported the plan covered roughly 35 residents, proposed up to $5,000 fines for violations, and came with about $800,000 in added housing and motel support funding. (regionofwaterloo.ca) (kitchener.citynews.ca) The region later amended that bylaw in January 2026 to push for people to leave by April 1, but the court fight continued and no one was ordered off the site while the case was pending. Regional lawyers said in April that a dedicated team of support workers had already helped many former occupants move into other housing. (cbc.ca) The land sits inside the long-planned Kitchener Central Transit Hub project, which the Region budgets at $35 million. Regional documents say the hub has been in development since 2013 and is meant to connect Grand River Transit and GO Transit services. (pub-regionofwaterloo.escribemeetings.com) (regionofwaterloo.ca) For now, the tents stay. Gibson’s ruling will decide whether Waterloo Region can enforce its bylaw at 100 Victoria or whether the encampment remains protected while homelessness and housing shortages persist. (kitchener.citynews.ca)
