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
Robert Pickton stabbed with toothbrush and broken broom handle: victim's family
The family of one of Robert Pickton's victims says the convicted serial killer suffered an incredibly violent death at the hands of another inmate.
Panama prepares to evacuate first island in face of rising sea level
On a tiny island off Panama's Caribbean coast, about 300 families are packing their belongings in preparation for a dramatic change. Generations of Gunas who have grown up on Gardi Sugdub in a life dedicated to the sea and tourism will trade that next week for the mainland’s solid ground.
This Calgary home has a giant tree in the middle, and it's for sale
There's a luxury 'tree home' for sale in Calgary.
Father who killed one-year-old son with axe may be allowed to travel in southwestern Ontario
A Mennonite father who killed his one-year-old son with an axe may be allowed to travel to parts of southern Ontario in the coming months
Trump election victory 'very unlikely,' but 'possible': former FBI director Comey
Former FBI director James Comey says while he believes former U.S. president Donald Trump "will be defeated" in the upcoming presidential election, he doesn’t think it’s a given.
'It feels like freedom': Why some Albertans like going nude in nature
Few people can say they accidentally purchased a nude beach — but Shelley can. When she saw a piece of land she could fondly remember camping on was up for sale, she inquired about it and ended up purchasing it. She soon found that there were already inhabitants on it.
Beef on and off the ice: Who has the best steak between Alberta and Texas?
As the Edmonton Oilers battle the Dallas Stars in the Stanley Cup Playoffs' Western Conference Finals, there's some beef brewing off the ice as well.
Pedestrian dies after being hit by train in Brockville, Ont.
Brockville Police says a pedestrian has died following a collision with a train that was heading to Toronto.
Chad Daybell sentenced to death for killing wife and girlfriend’s two children in jury decision
Jurors resumed deliberations Saturday on whether a man should be sentenced to death after being convicted days earlier of the murders of his wife and his girlfriend’s two youngest children in Idaho.