Judge's ruling on Ontario encampment 'cockamamie,' Premier Doug Ford says

An Ontario judge's recent decision barring the Region of Waterloo from removing people living in a homeless encampment is "cockamamie," Premier Doug Ford said on Friday.

Justice Michael R. Gibson found in a decision released Thursday that a local bylaw created to allow the region to remove about two dozen homeless people from a parking lot encampment violates their rights under the Charter of Rights and Freedoms.

The encampment in Kitchener, Ont., has been around since 2021, when thousands of homeless people fled shelters during the COVID-19 pandemic and set up outside in all parts of the province.

Since 2022, the region has tried to dismantle the encampment through the courts, but has so far been unsuccessful. 

The region has argued the parking lot is needed to allow for construction to begin on the Kitchener Central Transit Hub later this year. The hub is set to provide bus and light rail service, a GO Transit station and a Via Rail stop.

Ford said Gibson's decision was "the most ridiculous ruling I've ever seen" that puts the rights of a few dozen people over millions of future transit riders. 

"He comes out with this cockamamie idea that they're gonna hold up transit, so for what, 30 people, they're going to hold up millions and millions of riders, communities and everything," Ford said at an unrelated press conference in Sault Ste. Marie. 

"The judge is saying that we got to hold up projects and everything," he said. "I wish I could get that guy's address, I'll send 50 encampments in his backyard and see how he likes it."

The judge found the bylaw to be unconstitutional and invalid.

"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," Gibson wrote. "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."

That position by the region was crucial in his decision, he wrote.

"No one should romanticize or be starry-eyed about the encampment," the judge wrote. "It is a miserable and desperate place. But it represents the only remaining safety valve for the region’s homeless as a refuge of last resort."

To be compliant with the Charter, the region "would need to include an alternative lawful encampment site of last resort, or a tenting protocol that facilitates access to essential services and health care on par with the current encampment," Gibson wrote.

He pointed to London and Thunder Bay as other Ontario cities that have created lawful designated encampment zones. 

Should that happen in Kitchener, the region could request a review or further direction from the court.

The Region of Waterloo said it is "reviewing" the ruling and will determine its next step soon.

"We remain committed to providing outreach and supports to those experiencing homelessness across the region," the region said in a statement.

Ashley Schuitema, a lawyer representing the encampment residents, said the Waterloo Region Community Legal Services is "hopeful that the premier will work with the region towards meaningful solutions to homelessness and respect the court’s ruling."

Encampments surged across Ontario during the pandemic as people fled cramped shelters for safety outdoors. 

The City of Toronto and its police cleared several encampments in high-profile operations that resulted in violent arrests, fencing that closed off giant swaths of public parkland and clashes with homeless people and their supporters.

The fallout of those clearings led to different approaches from local governments on their own encampments. The Region of Waterloo was among those communities that went through the courts process, which began in 2022.

This report by The Canadian Press was first published May 22, 2026.