Charter rights of encampment residents aren't breached if evicted, Waterloo Region's lawyer argues

Day one of an eviction hearing against encampment residents in Kitchener, Ont., saw James Bennett, the lawyer representing Waterloo Region, argue that the charter rights of residents wouldn't be breached if evicted since the region has offered other shelter options.  

The homeless encampment at 100 Victoria Street was established just before the new year, but has grown in size since March 2022.

Earlier in July, the region filed an application with the Superior Court of Justice to start evicting people at the encampment. The region alleges that people living at the encampment are in breach of Ontario's Municipal Act. The region had previously given occupants a June 30 deadline to leave the property. 

On Monday, Bennett said that the region would ideally like to remove encampment residents before winter, while giving them 30 days notice.  

This situation cannot continue.— James Bennett, lawyer representing Waterloo Region

The region doesn't need a court order to evict residents but is looking for assistance from the court on how to enforce their legal rights. 

Bennett explained that all eight prohibited activities in the region's trespass bylaw have been violated, including erecting unauthorized structures, bringing hazardous goods on the premises without authorization and engaging in illegal activity like violence or drug use.

"This situation cannot continue," Bennett said. He added that the situation has cost the region $80,000 a month to maintain.

Shelter system an alternative 

Bennett explained that the region currently has 476 beds available to people experiencing homelessness with another 70 on the way, but that some of the encampment's residents have refused these services.

If the number of beds run out, he explained that there are motel rooms available too.

"There's capacity in the system and more importantly there's other alternatives," Bennett told the court. 

Despite the hundreds of beds available to local unhoused populations, Justice Michael Valente pointed out that there are 1,100 chronically homeless people in the region, which Bennett didn't contest. 

Bennett claimed that of this population, not all are seeking shelter beds and are choosing to live in the encampments. He said that the region has the capacity for those who want it. Justice Valente said he'd like to see the figures. 

Disagreement on Charter infringement 

Mercedes Perez, who is representing some encampment residents, said that "eviction enforceable by police power" isn't ethical, humane or charter compliant. 

Perez defended that some of the residents have mental disabilities and evicting them would amount to discrimination, which goes against section 15 of the Charter on equality rights.  

She said that eviction would have disproportionately negative affects on people suffering from mental disabilities and could lead to things like sleep deprivation.

One month following the region's application, regional council members voted to expand supports for people experiencing homelessness.

Part of the region's interim plan recommends options like a sanctioned, managed or hybrid approach to encampments. Other recommendations include expanding the region's transitional housing program, home-based support programming and the emergency shelter program.

Regional staff, along with community partners are expediting the process to operate outdoor shelters and are working with local municipalities to find ideal sites.

The region is looking for several sites outside of downtown cores that can be quickly modified to support people.

The hearing continues on Tuesday.