Following a meeting that lasted over three hours around the regional horseshoe, delegates and local homeless advocates are pushing back against the Region of Waterloo as it presses forward to appeal a recent Ontario Superior Court decision around the Victoria Street encampment.
It comes as councillors discussed the potential of appealing the decision, which ruled that the region’s bylaw and amendments to clear the site located at 100 Victoria Street in Kitchener were unconstitutional and, therefore, could not be enforced.
For the region, the intent of the bylaw was to make way for the construction of the Kitchener Central Transit Hub, but Justice Michael Gibson ruled in his 88-page decision that the homeless community that lives on the site is deserving of the same freedoms as any other Canadian citizen under the Charter of Rights and Freedoms.
“This encampment currently occupies land that is required to support construction of the Kitchener Central Transit Hub, a critical piece of infrastructure needed to improve transit options for Waterloo Region residents, support new housing and keep workers on the job,” said the Ontario government in a statement.
Gibson did state, though, that the region would be able to continue with a similar bylaw in the future so long as it installed and developed further options to house and hold the region’s ongoing homeless population that would be impacted by the site’s clearing.
Following Justice Gibson’s decision, the Region of Waterloo and Government of Ontario were quick to push back against the move, with Ontario Premier Doug Ford calling it “a ridiculous decision that needs to be overturned.”
“The Region of Waterloo has worked hard to support people experiencing homelessness while also planning for the needs of a growing community,” said Region of Waterloo Chair Karen Redman in a statement sent out by the provincial government.
“The Kitchener Central Transit Hub is a transformative project that will serve residents for generations, improving connections to jobs, housing, education and transit throughout our region and beyond.”
Redman went on to state that the appeal was about seeking further information and developing further actions regarding homelessness across the province as well as moving forward with impactful projects, saying the appeal “is about ensuring municipalities have clarity on how to move forward with both of these important responsibilities.”
At the Special Council meeting
At a special council meeting Tuesday, June 17, local delegates and councillors alike had the chance to speak on the potential of the region moving forward through the appeals process, with nearly 30 delegates appearing before the horseshoe to speak their case.
A common theme among those delegates was a push for a safe-tenting protocol for the region, similar to areas like London, Guelph, and Thunder Bay, in order to establish an overarching guideline for safe, lawful outdoor sheltering.
While a majority of those delegates pushed that appealing the decision was against their wishes, councillors ultimately agreed to move forward with the motion to appeal by a vote of 10-5.
Those councillors who voted in favour of the appeal included Sandy Shantz, Michael Harris, Joe Nowak, Joe Gowing, Dorothy McCabe, Natasha Salonen, Karen Redman, Jan Liggett, Jim Erb, and Berry Vrbanovic.
Those who voted against the motion included Sue Foxton, Matt Rodrigues, Pam Wolf, Colleen James, and Chantal Huinink.
“We need clearer rules, better supports, and a stronger framework for how we respond when people are living outside and do not have a safe, accessible, and appropriate indoor option,” said Councillor Joe Gowing.
“I can support the appeal for legal clarity, while also saying clarity at the region needs to do more.”
Gowing was one of the only councillors to publicly voice their opinions in favour of the bylaw, while multiple others chimed in with their thoughts against moving forward with the motion to appeal, including Councillor Pam Wolf.
“We have spent far too much money on legal fees, staff and council time. Our chances of winning the appeal are far from guaranteed,” said Wolf.
“We are ignoring the solution offered by Justice Gibson and ignoring two rulings. Council should not count on Premier Ford’s promise to use the notwithstanding clause if we lose the appeal. I find this unacceptable.”
Others who publicly spoke out against the motion included Councillors Colleen James and Matt Rodrigues, with Rodrigues echoing a statement from one of the delegates, saying that, “if the province wants to do something, let them.”
“I want to acknowledge that I do not support the court injunction; I didn’t,” said James.
“But this is what’s been dealt, some of us walked into this situation. That said, we are in a process underway.”
Reaction from delegates
When the voting was released, the decision was made to move forward with the appeal of the Ontario Superior Court’s decision; those delegates in attendance were quick to have their thoughts known.
When the details were read out by Chair Karen Redman, multiple voices from the crowd in attendance could be heard, with some shouting towards those regional councillors.
Some of those cries included, “We won’t forget a thing,” “Shame on you,” “You know this is wrong,” and some going so far as to yell, “Fascists,” towards those regional councillors.
Those reactions came forward in multiple instances during the later stages of the evening.
Redman ultimately stepped in, at one point urging the delegates to take any conversations outside, before calling a 5-minute recess.
With the decision to move forward with the appeal process now in hand, and the public support from the provincial government, the Region of Waterloo has now said it hopes to begin the process within the coming days.
Comments