Lawyers representing encampment residents lay out case in Kitchener court

The legal battle over the future of a large downtown Kitchener encampment continued in court Tuesday as legal aid lawyers representing people living at the downtown property presented their case.

The Region of Waterloo is seeking to clear the site at the corner of Victoria and Weber Streets.

It issued an eviction notice to people living there earlier this year, giving them until June 30 to leave.

When eviction day came and went, the encampment remained intact, and regional officials turned to the courts.

Proceedings started Monday with submissions from lawyers representing the Region of Waterloo.

On Tuesday, lawyers representing people living at the encampment presented their case.

They’re disputing the region’s claim that the encampment is unsafe, dangerous and chaotic.

Instead, they’re saying the region didn’t take adequate measures to address residents’ concerns, including not properly dealing with a rat problem, putting a porta-potty in place several months later than required and not adequately addressing fire hazards.

“The argument around section 7 is that evicting people from an encampment where they really don’t have any other option is depriving them from the ability to live their lives where they have a choice, where they can maintain some dignity,” said Shannon Down, executive director and lawyer with Waterloo Region Community Legal Services. “It’s also making their living conditions unsafe and potentially more dangerous.”

They say not only does there have to be enough spaces for those at the encampment, but for all the others living on the streets.

They added, if the region does evict the encampment it will violate the charter rights of those living there.

They also say the encampment has benefits, like allowing people to stay with their partners and pets and providing more stability for residents.

According to the region, the encampment has been at 100 Victoria Street in some capacity since December of last year.

At its peak, the region estimates it encompasses around 70 tents.

Yesterday, the lawyers for the region addressed the court saying the encampment is not safe and that shelters are available.

When asked by CTV News, the lawyer representing the region did not want to comment until after the judge delivered his decision.

Court will be back in session next week.