Clearing an Encampment with No Where to Go: ALS Argues Impacts on Indigenous Population
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Posted by Shelby Percival
- Posted in BlogsNews
The residents of the encampment located at 100 Victoria Street in Kitchener, Ontario are set to be evicted, per a by-law passed by the Region of Waterloo, without a plan for where they are meant to live.
Aboriginal Legal Services (“ALS”) has intervened in the Application made by the Region of Waterloo (the “Region”) asking the Court to determine if their by-law to clear the encampment is compliant with rights under the Charter of Rights and Freedoms (“Charter”). ALS has intervened on the basis that the by-law is not compliant with the Charter right to equality before and under the law, as the negative impacts that the eviction from the encampment will be disproportionately felt by the Indigenous peoples that live there.
On April 16, 17, and 20, 2026, Falconers LLP Partner Asha James and Associates Erin McMurray and Riley Hanson appeared in the Kitchener Superior Court on behalf of ALS. Asha made submissions to the Court about how Indigenous peoples are over-represented in the Region’s homeless population and how this over-representation is born out of the persistent legacies of colonialism. This foundation of obvious disadvantage for Indigenous peoples would only be exacerbated by the passing of the by-law, as the Indigenous homeless population in the Region experiences the stigmas of homelessness coupled with the institutional racism found in the housing system.
Although the Region has emergency shelter available for women, youth, and peoples with complex medical needs, they have not created shelter options that are specifically for Indigenous peoples. Serving the unique needs of Indigenous peoples was identified by the Region’s lawyer as a good policy choice for the Region, but that it should not be expected.
Evidence during the hearing showed that encampments can create community amongst its members, and that Indigenous peoples in the homeless population lean on each other for support. Removing the Indigenous peoples from the encampment, not including language in the by-law to address Indigenous-specific housing concerns, and not providing safe spaces for those peoples to receive Indigenous-specific housing services, especially when Indigenous peoples are already at an obvious disadvantage in the homeless population and the housing system, violates the equality rights of these peoples.
Justice Gibson of the Superior Court presided over the hearing and stated that he would reserve his decision on the matter.
Falconers LLP is honoured to represent ALS and the rights of the Indigenous encampment residents in this matter.
Media Coverage:
Aastha Shetty, CBC News (April 21, 2026) – “Eviction bylaw is not charter-compliant, Kitchener encampment lawyers argue”
Josh Piercey, City News (April 21, 2026) – “Judge reserves decision on encampment eviction bylaw”
Jeff Pickel, CTV News (April 20, 2026) – “Final day of Kitchener encampment hearing wraps up”
