Lawyers seek court injunction ahead of Kitchener encampment eviction

Lawyers representing people living at a Kitchener encampment were in court to seek an injunction. CTV’s Spencer Turcotte explains what’s on the line.

Lawyers are seeking a court injunction to delay a bylaw that would force residents out of a downtown Kitchener encampment so construction can begin on the Region of Waterloo’s new transit hub.

They made their case at a hearing on Friday, arguing the site-specific bylaw should be put on hold until the court makes a decision on its constitutionality.

Those proceedings aren’t expected to begin until November.

Regional councillors approved the bylaw back in April with the goal of clearing the long-standing encampment at 100 Victoria Street by Dec. 1.

The bylaw allows staff to begin work to prepare the site for construction and transition residents who live at the encampment to alternative housing options.

Lawyers representing the encampment residents told the court capacity at local shelters is inadequate to handle those displaced by the bylaw. The current system, they argued, falls short by approximately 80 per cent of what is needed.

They cited threats such as frostbite, hunger, or even rape, if residents were left to fend for themselves.

“Encampment residents face potential death as a result of the site-specific bylaw,” stated Shannon Down, a lawyer with Waterloo Region Community Legal Services.

Meanwhile, lawyers for the Region of Waterloo asked the court to dismiss the motion for an injunction.

“Some places are just not suitable for encampments,” Andrew Lokan, a lawyer representing the region, argued. “There is a public interest in the region being able to use public property to benefit the public.”

Lawyers for the region also said municipal staff continue to work with the encampment residents to find alternative living arrangements. Only 13 of the original 40 residents, who were at the encampment when regional council passed the bylaw, are still at the site as of Aug. 8 according to the region’s legal team.

They also argued no court intervention is required as they believe the Dec. 1 deadline will give staff enough time to prepare residents for the move.

Lawyers for the Attorney General echoed those sentiments, suggesting the motion for an injunction should be dismissed.

The judge decided to reserve his decision given the complexities of the case.

Down told CTV News in an email on Friday, they may not know the judge’s decision on the injunction motion for “at least a couple of weeks.”