Lawyers for Kitchener encampment say removing encampment residents is a violation of rights

CTV’s Jeff Pickel has more from day two of the hearing to decide the fate of the Victoria Street encampment.

On day two of the hearing to decide the fate of the encampment at 100 Victoria Street in Kitchener, lawyers for each side sparred over their interpretation of the Canadia Charter of Rights and Freedoms.

The region wants the encampment cleared as the property will be used as the construction staging ground for the Kitchener Central Transit Hub to be built just down the street at Victoria Street and King Street.

Lawyers for the Region of Waterloo said Metrolinx plans to start construction in October 2026 and to prepare the land for Metrolinx, the region needs it vacant by June.

In January 2026 the Region of Waterloo approved a new bylaw seeking to remove the encampment.

Lawyers for encampment residents argue the bylaw is discriminatory against several specific groups of people including women and those who are Indigenous.

Lawyers from the Ontario Attorney General’s Office (AGO) office said although those groups may be overrepresented in the homeless population, it does mean the bylaw is discriminatory.

They believe the bylaw s more focused on the property, than the people currently living there.

“It’s not about removing certain people ... it’s about excluding all members of the community from the property,” said a lawyer from the AGO.

They said the bylaw is reasonable and in the best interest of the public.

“The region has made the difficult choice, the use that will provide the greatest public good is the transit hub,” said a lawyer from the AGO.

Lawyers for the encampment residents disagreed.

They said very little has changed since the 2023 hearing, when a judge ruled clearing the encampment would be a violation of residents’ charter rights.

“We have a Fundamental difference in how to consider the case, the Region wants to keep things specific, put blinders on and set aside previous case,” said Shannon Down a lawyer with Waterloo Community Legal Services.

Down disagreed with the region’s assertion they have done enough to help encampment residents. Down said by the region’s own admission they have no plan for the people currently living there - if the encampment were to close.

Down they need a plan for the people currently there.

“Until they come up with the plan - closing this encampment would be a violation of charter rights,” Down said.

According to Down, the region failed to consider an alternative encampment site, or safe camping protocol, that could help encampment residents transition if the site closed.

“Part of the region’s road map could be an alternative encampment or safe camping site,” said Down.

The third and final day of the hearing is scheduled for April 20.