Lawyers request Waterloo region to follow their encampment policy and provide beds

On the third day of the encampment eviction hearing, Ashley Schuitema, representing some of the encampment residents on behalf of Waterloo Region Community Legal Services, asked as part of their proposed remedies that the region follow its encampment policy and that adequate shelter beds are available to residents to ensure charter compliance.   

The homeless encampment at 100 Victoria Street in Kitchener, Ont., was established just before the new year, but has grown in size since March 2022.

Shannon Down, who is also with Waterloo Region Community Legal Services argued last week that the region didn't fully comply with its encampment policy put in place last year, accusing them of not following their own rules.

Waterloo Regional Council passed a report by staff on Dec. 15, which made modifications to the Regional Bylaw 13-050, that looks at the "use or occupation of region-owned public land." This was in the wake of residents from another encampment at 34 Stirling Street being evicted, using "heavy equipment" to clear their processions, the report read.

According to the report, "the manner in which this was carried out did not reflect the dignity of those living at the encampment."

Subsequently, council requested that in the future, among other things, that the region must "assist individuals to access safer, sustainable and healthier alternatives — not enforcement. 

"Enforcement will only occur after all reasonable support efforts have been attempted without success and with reasonable advance notice of the requirement to vacate a public space. In exceptional circumstances, however, more immediate intervention may be required to address public safety concerns."

Another one of the "key principles" from this report would see that "regional staff, supported by community social service agencies, will work with individuals living outside to respond to their individual needs on a case-by-case basis by providing access to services, supports and shelter."

Schuitema said that the region's policy hadn't been followed prior to the eviction notice being posted at the encampment. She said that they have taken action since but trust has been eroded with residents. 

In an emailed statement to CBC News, the region said it believes it has complied with the encampment policy.

"As this matter is before the court, the Region is respectful of the court process and cannot offer further comment," said Lynsey Slupeiks, a spokesperson for the region in an email statement.

The region's lawyer, James Bennett, emphasized in court that the region has been proactive in keeping the encampment sanitary and safe, and said that they offered adequate alternative shelter options to residents, increasing the number of shelter beds region wide.

Down had also argued last week that if evicted, the region doesn't have the shelter beds to accommodate residents, subsequently infringing on their charter rights.

Bennett argued that there is a surplus of available shelter beds locally to keep up with demand, since many who are unhoused aren't interested in staying at shelters. He said that their charter rights aren't breached since the region has offered other shelter options.