Waterloo Region case changing legal landscape on encampment evictions
A resolution has been reached over evictions at a Cambridge, Ont. encampment and experts say other communities should take note.
According to legal representatives for the two occupants living there, the city “has agreed to rescind its eviction notices” for the Branchton Road property, located behind the Petro-Canada gas station on Dundas Street.
In response, representatives for the City of Cambridge said: “We know this is a complex issue that is not unique to Cambridge. We are committed to working with the Region of Waterloo and our community partners to explore more effective housing solutions that support the overall health and wellness of our city.”
This isn’t Waterloo Region Community Legal Services’ first victory when it comes to encampment evictions.
In 2022, they filed an injunction to stop an eviction at the much larger encampment at 100 Victoria Street in Kitchener.
“We argued that an eviction would violate the charter rights of those encampment residents and we were successful. The court found that an eviction would be a violation of section seven of the encampment resident’s charter rights,” explained Ashley Schuitema, a lawyer with Waterloo Region Community Legal Services
That decision for the Region of Waterloo has played a major role in stopping evictions in Kingston, Guelph, Sarnia and now, Cambridge.
“Municipalities are going to be facing significant litigation risks if they're trying to evict people living in encampments and they're relying very heavily on the Waterloo Region decision and the precedent that was set in that case,” Schuitema said.
The ruling doesn’t mean municipalities aren’t able to evict people living on public property, but it sets a high bar for when they’re allowed to do so.
“If a municipality wants to evict they have the onus of showing that they have enough spaces in their shelter system, and not just looking at numbers, but also looking at the accessibility of those spaces,” explained Schuitema.
When it comes to accessibility, she said municipalities need to provide spaces for couples and families, people living with pets and other considerations.
“Cambridge is a perfect example. In Cambridge, there's no shelter space for women or gender diverse people, so if anyone is a woman that's experiencing homelessness in Cambridge, there's no shelter beds available for them,” Schuitema said.
Other legal experts agree that the Waterloo Region decision is having a major impact.
“I think it's been very impactful, I think it's been an exceptionally important decision,” said Samuel Trosow, professor emeritus at Western University in London.
He’s also a city councillor but spoke with CTV News only as a legal expert.
Trosow said the decision is likely having a chilling effect on any cities considering removing an encampment.
“The Waterloo decision, in my view, was on very solid grounds and in fact the city, the region did not appeal it.”
Despite the adversarial nature of the law, Waterloo Region Community Legal Service said they would like to work with cities to develop policy, rather than fight it out in court.
“We'd be really interested in working with the City of Cambridge, or the City of Kitchener, or City Waterloo, or the region on developing human rights based approaches to encampments,” Schuitema added.
CTVNews.ca Top Stories
More Canadians are moving to the U.S. Here's one of the main reasons, according to an immigration expert
Recent data from the U.S. census revealed that more than 126,000 people moved from Canada to the U.S. in 2022. An expert said that one of the main reasons for this move is the cost of living.
'They need this protection': Trudeau gov't re-offers $1.5M for enhanced Pride security in Canada
For the second year, the federal government is offering up to $1.5M to Pride organizations across the country to fund enhanced security measures, amid a continued rise in anti-LGBTQ2S+ hate.
Her gut was producing alcohol. Doctors didn't believe her
For two years doctors told her she was an alcoholic. Then they realized her gut was making alcohol from carbohydrates, a rare condition called auto-brewery syndrome.
Prospective jurors in Hunter Biden's firearms case questioned on gun rights, addiction
A federal gun case against U.S. President Joe Biden’s son Hunter opened Monday with jury selection, following the collapse of a plea deal that would have avoided the spectacle of a trial so close the 2024 election.
AFN national chief blasts governments' inaction on fifth anniversary of MMIWG report
On the fifth anniversary of a national inquiry's report into missing and murdered Indigenous women and girls, the national chief of the Assembly of First Nations is blasting all levels of government for what she calls slow progress to stop the crisis.
Toyota apologizes for cheating on vehicle testing and halts production of three models
Toyota Chairman Akio Toyoda apologized Monday for massive cheating on certification tests for seven vehicle models as the automaker suspended production of three of them.
Weather hampers search for mountaineers missing since Friday near Squamish, B.C.
A spokeswoman for Squamish Search and Rescue in British Columbia says the area where three climbers have been missing since Friday is 'socked in' with clouds and moisture, hampering efforts to find them.
Cyberattack on B.C. government may have compromised 'sensitive personal information': officials
A recent cyberattack on the B.C. government may have compromised the personal information of 19 employees, according to officials.
Katy Perry 'fixed' Harrison Butker's controversial commencement speech
Katy Perry has reimagined a recent commencement speech by Kansas City Chiefs kicker Harrison Butker that was criticized as homophobic and sexist.