A tale of two tent cities: What rulings in Ontario and B.C. mean for homeless encampments

ast winter, tents began appearing on a property adjacent to the intersection of Victoria Street North and Weber Street West, in Kitchener by the GO station. By summer 2022, 100 Victoria was home to more than 60 tents and 50 residents. That’s when the region, which owns the address, issued an eviction notice. 

But not everyone left, and the region went to the courts seeking an injunction that would allow it to clear the encampment. Arguments were heard at the Superior Court in November. At issue: whether the residents’ Charter rights would be breached by an encampment clearing. 

On January 28, 2023, Justice M.J. Valente issued his ruling: to evict these residents when there was inadequate indoor shelter space would violate their rights to life, liberty, and security of the person under Section 7 of the Charter of Rights and Freedoms.