The Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained – 2025 Litigation (100 Victoria St. Encampment Case)

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On January 27, 2023, Justice Michael Valente ruled the Region of Waterloo’s attempts to clear the 100 Victoria St. encampment were a violation of residents’ Charter rights.

On April 16, 2025 five large dumpsters and a large unmarked trailer were moved onsite to the surprise of residents, community advocates and organizations who support the residents. The Region of Waterloo proposed a site-specific bylaw that would clear the 100 Victoria Street encampment in Kitchener by December 1, 2025.  Waterloo Regional Council passed the bylaw on April 23, 2025. Please see the by-law below for full details. This case was heard by Justice Gibson at the Superior Court of Justice on April 16, 17 and 20, 2026.

Update – May 22, 2026
Our team is pleased to announce that Justice Gibson has released his decision in the 100 Victoria St. encampment case. The Court ruled that the Region’s site-specific by-law for the encampment violated sections 7 and 15 of the Canadian Charter of Rights and Freedoms. These violations were not justified under section 1, and the by-law has therefore been declared to be of no force and effect.

Section 7 of the Charter guarantees the right to life, liberty, and security of the person, and protects against deprivations of these rights except in accordance with the principles of fundamental justice. It is a foundational provision safeguarding personal autonomy. Section 15 guarantees equality before and under the law, as well as equal protection and benefit of the law without discrimination based on characteristics such as race, sex, age, or disability. Notably, the Court recognized homelessness as an analogous ground of discrimination under section 15—an unprecedented development.

The Court has ordered the Region of Waterloo to develop a safe tenting protocol, provide an alternative encampment site that is reasonably proximate to the 100 Victoria St. location, or both.

As a community, we share a collective responsibility to address the homelessness crisis with compassion, coordination, and a commitment to ensuring that everyone has access to a safe place to call home. As declared by Justice Gibson in his ruling, “The homeless are not Other. They are Us.”

WRCLS extends our sincerest gratitude to the residents of the 100 Victoria St. encampment for their trust throughout this legal process. We are also deeply grateful to the volunteers, affiants, witnesses, allies, community members, and media whose support was instrumental in this case. We also sincerely thank amazing Amicus Curiae- Mercedes Perez, Jen Danch and Karen Steward, representing the most vulnerable people at the encampment, along with the interveners from the Canadian Civil Liberties Association, Aboriginal Legal Services, the National Right to Housing Network and the Charter Committee on Poverty Issues.

We remain hopeful that the Region and all levels of government will move forward with thoughtful, lasting solutions to address homelessness. This includes prioritizing safe, dignified, and healthy alternatives to encampment evictions, and meaningfully engaging with service providers, advocates, social organizations—and most importantly, those directly affected—when making decisions about low-income and affordable housing.

For those interested in learning more, documents related to this case can be found below.

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