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The Region of Waterloo’s notice of appeal of a decision that prevented the removal of residents of an encampment in Kitchener, Ont., says a judge made “multiple errors.”
The notice, dated June 22, argues the court failed to recognize the alternative housing supports offered to residents at the downtown encampment at 100 Victoria St. N. and that the land is needed to build the Kitchener Central Transit Hub.
“The application judge exceeded the court’s proper constitutional role and made multiple errors of law and mixed fact and law,” the notice reads.
The region is also seeking to overturn a judgment that found its site-specific bylaw, which was amended in January, violated the Charter of Rights and Freedoms, specifically the rights to life, liberty and equality.
Superior Court Justice Michael Gibson ruled in May that the region could not remove people living at the encampment unless it offered an alternative site or created a tenting protocol.
In his 88-page decision, Gibson said the encampment is the only place in the region where people experiencing homelessness can legally set up a tent.
“No one should romanticize or be starry-eyed about the encampment. It is a miserable and desperate place,” Gibson said, and calling “a refuge of last resort” for many.
On June 16, regional councillors voted in favour of an appeal.
Province sides with region
In a release shortly after councillors voted for the appeal, Attorney General Doug Downey said the province would join the region’s appeal to “provide the certainty and stability needed to advance critical infrastructure projects here in Waterloo region and across Ontario.”
Minister of Municipal Affairs and Housing Rob Flack told CBC News in an interview the same day that encampments cannot delay infrastructure investments.
Ashley Schuitema, executive director of Waterloo Region Community Legal Services and a lawyer representing encampment residents, told CBC News in June she was “very disheartened” with council’s move to appeal the court decision, and it means getting ready for what could be a lengthy legal process to defend the court’s decision.
“It’s discouraging because we’re a small community legal clinic. Our resources to fight this appeal, which we will use, will take away from being able to fight evictions otherwise leading people to more homelessness.”
Charter-related requests sought
In the appeal notice, the region says it’s seeking several requests from the Court of Appeal, including that it set aside Gibson’s judgment.
The region wants the court to grant that its bylaw complies with the Charter of Rights and Freedoms.
It’s also requesting an injunction to keep anyone from staying or re-entering the property once they move off it, the court documents show.
The region is also asking the court for direction on what steps to take to “close the encampment” in a manner that complies with the Charter of Rights and Freedoms.
