Ashley Schuitema

The Regional Municipality of Waterloo sought a declaration that its Site-Specific By-Law Number 25-021 regulating 100 Victoria Street North in Kitchener complies with the Canadian Charter of Rights and Freedoms.

The by-law prohibits temporary structures and sheltering on the property, with a December 1, 2025 deadline for vacant possession to facilitate construction of the Kitchener Central Transit Hub.

Persons Unknown and to be Ascertained, chronically homeless individuals sheltering at the encampment, sought an interlocutory injunction restraining enforcement of the by-law pending determination of their Charter claims.

The court granted the injunction, finding serious issues to be tried regarding violations of section 7 Charter rights (life, liberty, and security of the person) and potential illegality under the Municipal Act, 2001, irreparable harm to vulnerable homeless persons, and balance of convenience favoring the injunction.

The Regional Municipality of Waterloo applied for an injunction to evict residents of a homeless encampment on Region-owned property, citing a by-law prohibiting the erection of structures.

The encampment residents brought a constitutional challenge, arguing the by-law violated their rights under sections 7 and 15(1) of the Charter.

The court found that the number of homeless individuals in the Region exceeded the number of accessible shelter beds.

Consequently, the by-law's prohibition on erecting temporary shelters violated the residents' section 7 rights to life, liberty, and security of the person, and was not saved by section 1.

The section 15(1) claim was dismissed as homelessness is not an analogous ground.

The court declined to grant the injunction and declared the by-law inoperative insofar as it prevents homeless individuals from erecting temporary shelters when accessible shelter beds are insufficient.