On January 27th, 2023, Justice M. J. Valente of the Ontario Superior Court rejected The Regional Municipality of Waterloo’s application for an injunction to evict individuals who were encamped on Region-owned property due to those individuals being in breach of a local By-Law prohibiting such actions. While the Justice praised the valuable work that the Region has already done to address homelessness, he nevertheless denied the injunction on the basis that the By-Law violated the homeless residents’ Charter right to life, liberty, and security. More recently, the Region announced that it has decided not to appeal the ruling. There are several significant takeaways that can be gleaned from this first-of-its-kind-in-Ontario decision. The decision represents the need for a serious shift in thinking around how OMSSA Members will address the issue of encampments moving forward.
