Superior Court Makes New Ruling: Clearing the Encampment Violates Charter Rights
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Posted by Shelby Percival
- Posted in BlogsNews
The Region of Waterloo sought to evict the residents of the encampment located at 100 Victoria Street in Kitchener, Ontario, through a site-specific by-law, in order to progress construction on a new transit hub nearby.
In a historic decision by Justice Gibson of the Superior Court of Justice (The Regional Municipality of Waterloo v Named Respondents and Persons Unknown, 2026 ONSC 2971), the by-law set to evict the encampments was not only found to be discriminatory against the residents’ Charter rights, Justice Gibson made a finding that homelessness is an analogous ground under section 15 of the Charter.
Section 15 of the Charter protects citizens’ equality rights, ensuring that every individual is equal before and under the law. The Charter enumerates that this includes equality without discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This ruling means that this list is now extended to specifically include homelessness as a ground on the basis of which an individual should be free from discrimination. It is quite rare for analogous grounds to be added to section 15 of the Charter, making this decision historic.
Premier Ford commented on the ruling, stating that it was the most “ridiculous” ruling he had ever seen, and further said, “I wish I could get that guy’s address. I’ll send 15 encampments in his backyard and see how he likes it. The craziest decision I’ve ever heard.”
Falconers LLP partner Asha James and associates Erin McMurray and Riley Hanson had the honour of acting for the intervener Aboriginal Legal Services in these proceedings, making the argument that the site-specific by-law exacerbated the disadvantage experienced by Indigenous peoples that are homeless and that the by-law was in contravention of section 15 of the Charter. Justice Gibson’s ruling accepted these arguments, recognizing that “homelessness is a consequence of colonization which dispossessed Indigenous people of their land and resources, propelling and inflicting generations of systemic racism and ongoing trauma”, and agreeing with ALS that “[h]omelessness among Indigenous people is not simply a matter of individual misfortune.”
Falconers LLP is honoured to represent ALS and the rights of the Indigenous encampment residents in this matter.
Media Coverage:
Kate Bueckert, CBC News (May 22, 2026) – “‘Most ridiculous ruling’: Premier slams judge’s decision barring region from clearing Kitchener encampment”
Jennifer K. Baker, CTV News (May 22, 2026) – “Region of Waterloo loses legal bid to clear Kitchener encampment”
Matt Hutcheson, CityNews (May 22, 2026) – “Region’s plans to clear encampment ruled unconstitutional — again“
