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.
