Lawyers representing residents of the Kitchener encampment argued in court on Friday that the region should have a better plan in place for the people it’s hoping to evict — especially those who belong to particularly vulnerable groups.

Friday was the second of three scheduled days in court with Kitchener Justice Michael Gibson.

The region is in court to get guidance on a site specific bylaw for 100 Victoria St. N., that would allow the region to clear the lot. The bylaw made it illegal for anyone to live on the site after Dec. 1, 2025.

In January of this year, regional council passed amendments to the bylaw that aimed to have people move off the site by April 1.

The region says it needs the property, which it owns, for construction crews who will be doing work to prepare to build a new transit hub. The hub will be built at the corner of King and Victoria streets.

In January 2023, a Kitchener judge ruled the region couldn’t evict people from the site unless they gave them another place to live.

The return to court comes after mediation talks between the region and lawyers for people in the encampment fell through in December.

As the case remains before the courts, people have not been asked to move off the site.

The region’s lawyers argued on Thursday that people need to move off the lot in time for Metrolinx to have access to the property in June.

The region says there are no delays expected in its transit hub project.

Eviction bylaw is not discriminatory, region argues

On Friday, the lawyer for encampment residents argued the bylaw disproportionately impacts vulnerable groups like Indigenous people, people with disabilities and women.

The region’s lawyer Andrew Lokan disagreed.

“The bylaw treats everyone in the encampment the same,” he said, highlighting that the eviction order applies equally for all residents, regardless of their individual identities or struggles.

“They [Indigenous residents] are not disadvantaged any more than those who are not Indigenous,” Lokan said.

Lokan said the region “does not want involuntary removals, if possible” and urged the judge to consider at least preventing new residents from moving onto the site, allowing the region to “responsibly wind down the encampment” by the June deadline.

“The region genuinely needs and wants a roadmap for what it needs to do to close the encampment,” he said.

Lawyer Andrea Bolieiro spoke on the behalf of the Attorney General of Ontario in support of the region’s goal to close the encampment.

“It’s not about excluding specific members of the community. It’s about excluding all members of the community for a specific public purpose,” she said, highlighting that the region’s eviction attempt is not outside of normal societal expectations.

She asked the court to balance the rights of those living at the encampment with the greater public interest of everyone else living in Waterloo region, adding that use of the land as an encampment is incompatible with the region’s plans for a transit hub.

‘Where does the region want people to go?’

Lawyer Shannon Down from Waterloo Region Community Legal Services is representing most of the residents of the encampment.

She challenged the region’s lack of a long term plan for the people it wants to evict.

“Where does the regio

n want homeless people to go the day 100 Victoria is closed?” she asked.

Down argued the encampment is an option for those who are not being served by existing shelter options, including those who want to keep living with their spouses. Shelters often are based on genders.

On Thursday, the region argued all of the original members of the encampment from early 2022 had moved on but Down challenged that.

“Encampments are fluid … seasonally variant,” she told the court.

She says the current waitlist for transitional housing with a spouse would put a couple in line behind 11,000 other people.

Down said the region should look more closely at unused regional lands that have not yet been considered for the transit hub project and are located nearby.

Women vulnerable outside encampment, lawyer says

Lawyer Ashley Schuitema, who is also representing encampment members with Down, said woman-identifying residents are particularly vulnerable without the protection of shelter and community they find within the encampment.

First she explained to the court how evidence shows that disbanding the encampment will cause many residents to loose their essential belongings, medication, identification and survival gear. She says this forces people to start over with nothing and could trigger or worsen existing mental health challenges.

Schuitema went on to read from the affidavit of a woman who used to live at the encampment, then was transitioned to alternate housing at a Super 8 motel. The woman’s affidavit describes how she lived there for a short time before being evicted back onto the street.

That forced her to return to the encampment only to find that her mattress and tent had been destroyed.

“These harms are not theoretical, they’re grounded in expert evidence and testimony,” Schuitema told the court.

She says there is a disproportionately low number of indoor shelters currently available for women experiencing homelessness in Waterloo region.

At the same time, women are subject to unique risks when they cannot access an indoor shelter like for example, the YWCA, which is almost always full.

Schuitema went on to read excerpts from more affidavits from the women at the encampment. The women reported experiencing various types of physical assault, being urinated and being solicited for sex while living on the street.

They reported feeling safer after moving into the encampment, Schuitema said.

The hearing is scheduled to continue on Monday.