05/31/2026
You Cannot Enforce Your Way Out of Homelessness, Judge Rules
When encampments are cleared without real housing options, people are not helped. They are pushed farther from safety, farther from services, and deeper into harm. That is why the recent Waterloo ruling matters.
In a landmark decision, the Ontario Superior Court recognized homelessness as a protected ground under Section 15 of the Canadian Charter of Rights and Freedoms. The Court also found that governments cannot use encampment regulations to displace people when there is no genuine, safe, and supported alternative.
“The homeless are not Other. They are Us.”
— Justice Michael R. Gibson
This is more than a legal ruling. It is a clear reminder that homelessness cannot be managed through displacement.
Encampment rules may change what the public sees, but they do not end homelessness. Without housing, health care, income supports, and culturally safe services, enforcement simply moves people from one unsafe place to another.
At its core, this decision affirms dignity. People experiencing homelessness have rights. Their safety, voices, and pathways to housing must be part of any response.
For Winnipeg and communities across Canada, the message is clear: responses to homelessness must be grounded in Indigenous and human rights, meaningful alternatives, and long-term housing solutions.
Read more from the National Right to Housing Network:
https://housingrights.ca/the-waterloo-case-government-legal-responsibility-on-homelessness/
