Ontario Court Blocks Waterloo From Evicting Encampment Residents
An Ontario court ruled Waterloo's bylaw evicting encampment residents violates constitutional rights.
Why it matters: This landmark decision establishes a precedent for housing law and civil liberties, underscoring courts’ willingness to weigh municipal action against the rights of unhoused people. Legal professionals in public interest, civil rights, and municipal law face new guidance when advising government and non-profits on encampment management.
- Ontario Superior Court barred enforcement of a Waterloo bylaw clearing a Kitchener encampment.
- Justice Gibson found violations of Charter Sections 7 and 15, citing discrimination and rights to life, liberty, and security.
- Bylaw targeted about 35 residents at a site occupied since December 2021.
- Premier Doug Ford strongly criticized the ruling, citing impacts on public transit construction.
The Ontario Superior Court of Justice ruled on May 21, 2026, that the Region of Waterloo’s bylaw authorizing the removal of unhoused people from an encampment at 100 Victoria Street North breached constitutional protections.
- Justice Michael R. Gibson found the bylaw infringed on residents’ rights to life, liberty, and security (Section 7 of the Charter) and further discriminated against Indigenous peoples, persons with disabilities, women, and gender-diverse people (Section 15).
- The Region of Waterloo had enacted the bylaw in April 2025, aiming to clear the encampment to allow construction of the Kitchener Central Transit Hub – a project originally scheduled for March 2026.
- The approximately 35-person encampment had been in place since December 2021, representing one of the region’s best-known responses to a growing homelessness crisis.
- The Canadian Civil Liberties Association (CCLA) intervened, arguing forced removals violated Charter rights without providing alternative housing or meaningful consultation. "The right to dignity, safety, and equality do not disappear when someone becomes unhoused," said Howard Sapers, CCLA Executive Director.
- Ontario Premier Doug Ford sharply criticized the decision, saying, "He comes out with this cockamamie idea that they're gonna hold up transit… for what, 30 people, they're going to hold up millions and millions of riders, communities and everything." (SoToday)
This decision is expected to influence how other municipalities balance infrastructure priorities against constitutional obligations to unhoused residents. Immediate next steps from Waterloo officials remain unclear, especially regarding alternative accommodations for affected residents.
By the numbers:
- 35 — estimated residents living in the encampment when bylaw passed in April 2025
- December 2021 — date encampment was first established at 100 Victoria Street North
- March 2026 — original scheduled start of Kitchener Central Transit Hub construction
Yes, but: Details on whether Waterloo region will appeal and what alternative housing will be offered remain unclear.