Judge denies request to clear Kitchener encampment citing Charter violation

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Judge denies request to clear Kitchener encampment citing Charter violation
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The Region of Waterloo was asking the court to find that roughly 50 people were in violation of its trespassing bylaw.

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The Region of Waterloo was asking the court to find that roughly 50 people living in a Kitchener encampment were in violation of its trespassing bylaw.From our newsroom to your inbox at noon, the latest headlines, stories, opinion and photos from the Toronto Sun.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails or any newsletter.

Justice Michael Valente’s ruling cited a number of recent decisions delivered in British Columbia that he says establish a constitutional right to shelter when the number of homeless people exceeds available and accessible indoor spaces in that jurisdiction. His ruling says the Region of Waterloo had about 416 shelter spaces and roughly 1,100 people experiencing homelessness, with that number having tripled from 2018 to 2021.

The decision comes after a number of similar, but unsuccessful legal challenges to encampment clearings in Toronto and Hamilton.

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