'Precedent setting case': Southwestern Ontario judge rules homeless encampment can stay in park
It could be a watershed moment for homeless policies in Ontario.
A judge denied a Region of Waterloo court bid for an injunction to have homeless encampments removed from land at Victoria Street North and Weber Street West in Kitchener, Ont.
Justice Michael Valente stated the reason for his decision is because “the municipality does not have adequate accessible shelter spaces for its homeless population of 1,100 individuals.”
“This is a really precedent setting case,” said Abe Oudshoorn, a housing advocate in London, Ont. “I was actually quite surprised to see this ruling. The idea of folks living in encampments and how they're treated and managed has been something that's been tried [in] other cases, and those cases have not gone forward.”
Oudshoorn said there are a lot similarities between the case and what is happening in London, Ont. right now.
“That similarity is essentially that we have more folks in need than we have capacity to support them,” said Oudshoorn, who had been following this case closely.
He added, “If there is no safe or good place for people to go, then essentially the courts are saying that we can't move them along.”
For those living rough, a tent is sometimes the only option.
“People have to live somewhere,” Colin, a homeless man told CTV News London. “With the price of housing and everything, there is a lot of barriers in place to get out of homelessness. Hopefully this decision gets things moving faster, and I think this is a huge victory for [the] homeless.”
Homeless encampment in London, Ont., on Feb. 1, 2022. (Daryl Newcombe/CTV London)
London Mayor Josh Morgan said he’ll immediately talk with his staff and legal team about this case.
“Like any new ruling, we'd obviously look into it and see how it might apply or not to the City of London,” explained Morgan.
Through the election, and the State of the City address earlier this month, Morgan has campaigned on prioritizing marginalized Londoners.
“The main reason that encampments have been broken up in the city [London] is for safety purposes,” said Morgan.
“Mainly for those who are involved in the encampment, and that is done in conjunction with outreach workers and those who know best. That's the new system that we've designed,” he explained. “Ultimately, we're focusing on moving beyond all of this, which is why the work that's being done by the Health and Homelessness Summit, and the work that's ahead is so important to the city.”
Oudshoorn said London has recently been using a support first approach, and that wasn’t the case in Waterloo. London has been handling the homeless encampments on a case-by-case basis.
“We did see that there was risk around [floods], and some folks were caught up in that and had to get out quickly,” said Oudshoorn.
He added, “Of course we want to make sure that people are in a safe location. Wherever people happen to be, the city needs to come to them with an offer of support, and a better place for them to go. And we need to make sure we have capacity to do that.”
Morgan said they'll continue to work to provide safe housing for everyone.
“We want everybody to have a home and that's the system transformation that we're working on,” said Morgan.
The goal is to move beyond temporary measures like encampments and shelters — however, that doesn’t solve the immediate problem.
“The challenge is right now we've got more folks who are out [than] we have places for them to be,” said Oudshoorn.
CTVNews.ca Top Stories
WATCH LIVE | U.S. President Joe Biden to meet Trudeau, address Parliament today
U.S. President Joe Biden has made it to Canada, as part of his first official visit since taking office. Alongside Prime Minister Justin Trudeau, Biden will be meeting with top officials and addressing Parliament in an effort to reaffirm the strength of the Canada-U.S. relationship.

LIVE UPDATES | Watch live coverage of U.S. President Joe Biden's trip to Canada
As Joe Biden makes his first trip to Canada as president of the United States, CTVNews.ca is offering live coverage of the leader's visit. Follow our live blog on CTVNews.ca and the CTV News app for the latest updates.
Incredible photos show northern lights dancing across much of Canada
Sky-gazers and shutterbugs across much of Canada were treated to a spectacular display of northern lights Thursday night and into Friday morning.
W5 Investigates | 'Canadians should be very concerned about their drinking water': W5 investigates asbestos cement pipes
W5 investigates aging asbestos pipes across Canada and the potential health hazards if it ends up in your tap water. Watch W5's 'Something in the Water' Saturday at 7 p.m. on CTV.
Ontario crypto king kidnapped, tortured in an attempt to get millions in ransom, documents say
Ontario’s self-described crypto king was allegedly abducted, tortured, and beaten for days as his kidnappers looked to solicit millions in ransom, his father told a court in December.
W5 EXCLUSIVE | New police force should be appointed to take over investigation into death of teenaged hockey player, complaint says
An Ontario couple has filed a request with the Office of the Independent Police Review Director (OIPRD) to appoint a new police force to investigate the death of their 17-year-old son Benjamin, who died during a hockey team-bonding event in September 2019.
Restaurants and bars brace for biggest alcohol tax jump in 40 years
Canada's restaurant industry is bracing for the biggest jump in the country's alcohol excise duty in more than 40 years, spurring warnings the tax hike could force some bars and restaurants out of business.
Unwelcome spotlight falls on NHL team Pride night events
Pride nights, held annually for several years by National Hockey League teams to show support for the LGBTQ2S+ community, are in the spotlight following several high-profile incidents this season.
Why executions by firing squad may be coming back in the U.S.
The idea of using firing squads is making a comeback in the U.S. Idaho lawmakers passed a bill this week seeking to add the state to the list of those authorizing firing squads, currently Mississippi, Utah, Oklahoma and South Carolina.