Judge’s ground-breaking ruling says discrimination against homeless people violates the Charter; Premier threatens to use “notwithstanding” clause to overrule it
An Ontario court judge has rejected a Waterloo Region attempt to evict an encampment from a site where a transit hub is being constructed. And in doing so, Justice Michael Gilson made legal history last week when he asserted that people experiencing homelessness are protected by the anti-discrimination clause of the Charter of Rights and Freedoms, even though that clause doesn’t specifically refer to homelessness. “The homeless are not Other. They are Us. They are rights bearers no less entitled than any other Canadian citizens to the full benefit and protection of the Charter,” Justice Gibson wrote.
The judge also found that the Waterloo bylaw prohibiting encampments on a specific site, when there were no other places in the region where they would be allowed, violated Section 7 of the charter which ensures “the right to life, liberty and security of the person.” Justice Gibson said the region can return to him for a ruling on eviction if they offer another si
te where those in the encampment could go and stay. Howard Sapers, Executive Director of the Canadian Civil Liberties Association, said, “This decision sends a clear message to municipalities and provinces across Canada: applying a human rights framework is not optional” (that is, it’s mandatory). A good short description of the ruling is here.
Premier Doug Ford dismissed the ruling as “the most ridiculous ruling I’ve ever seen” and suggested he might use the Charter’s notwithstanding clause to overrule it.