As the Region of Waterloo prepares to launch an appeal of a court decision that is preventing the dismantlement of a large encampment in Kitchener, advocates are urging councillors to develop a policy to help unhoused people. When an 88-page decision from Ontario’s Superior Court of Justice ruled a site-specific bylaw to remove people from the property at 100 Victoria Street North was unconstitutional, one of the concerns raised was the lack of a ‘safe tenting’ protocol. In his decision, delivered on May 21, Justice Michael Gibson noted the encampment is currently the only place in the region where it is not illegal for homeless people to set up a tent or structure. “The region has clearly stated that if the encampment is cleared, it is not prepared to allow homeless people to shelter outdoors anywhere on region property. The extremity of this position is what ultimately drives the findings that the infringements are not saved by [the Charter],” he wrote. Justice Gibson recommended the region create an accommodation plan for the encampment residents or develop a tenting protocol. On Tuesday, numerous people appeared before regional council, urging them to follow his advice. “The key role of a safe tenting framework is to act as the option of last resort for all the people unable to access the housing stability system,” the Social Development Centre of Waterloo Region said in a written statement presented to councillors. “A safe tenting framework is not a relief from homelessness. Living in a tent is still substandard shelter. However, it is a relief from supportlessness. It allows people to access a base level of service, to manage their survival and dignity. It gives them a place to legally exist. It is the option of last resort,” the statement continued. What is a “safe tenting protocol” A safe tenting protocol refers to a system created by a municipality that establishes designated areas where people can legally set up temporary shelters overnight. As long as people living in tents adhere to the policy, they could sleep through the night without fear of a visit from the police or bylaw who would urge them to move along. “Without a framework, it causes a lot of confusion and uncertainty over what is permitted and what isn’t permitted, which can lead to frustration,” Laura Pin, associate professor of political science at Wilfrid Laurier University, said. “Then, most of the time, it is in fact illegal according to municipal bylaw.” “With the court ruling, the bar is low. People need to have somewhere to exist in public. Creating a framework for people to exist in public without being illegal is something that is within the scope of municipal powers and something that they could to,” Pin said. A similar policy, known as the Public Space Bylaw, was introduced in neighbouring Guelph in 2024. Guelph’s bylaw dictates how many tents can be set up in a cluster, specific areas, such as playgrounds and cemeteries, where tents cannot be pitched overnight, and setback requirements from schools, waterways and railroad infrastructure. The rules went into effect in October 2024. The Social Development Centre of Waterloo Region said it has had some meaningful conversations with Waterloo Regional Council about the idea. However, on Tuesday the region decided to move forward with an appeal to the Superior Court ruling instead. “I was really disappointed,” David Alton, a lived experience facilitator with the Social Development Centre of Waterloo Region, said. “Several months ago, we had half of regional council interested in the idea of safe zones.” Alton believes there is enough available regional land to allow people to legally set up tents. “We think this is very much a political choice to say that homeless people don’t deserve the right to life, and that is quite an extreme choice to make,” Alton said. He believes exploring a safe tenting protocol would be a more effective use of regional funds than wading into another legal battle over the encampment. “These are all parties that are funded by your tax dollars; the legal clinic, the agencies, the community members, the region’s lawyers. Everyone involved is using tax dollars to get the same result over and over again – that people deserve the right to live. Council would rather waste your money than give people that right,” Alton said.
