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🏠 Statement - An important milestone that affirms the human rights of people experiencing homelessnes

Thursday, 28 May 2026 02:43.PM

Following the Ontario Superior Court of Justice's decision in The Regional Municipality of Waterloo v. Named Respondents and Persons Unknown (2026), the Federal Housing Advocate, Marie-Josée Houle, and the Chief Commissioner of the Canadian Human Rights Commission, Charlotte-Anne Malischewski, issue the following statement:

We welcome the decision from Justice Gibson of the Ontario Superior Court, affirming that encampment residents have human rights, and governments need to uphold them.

This landmark decision is an important step for human rights in Canada. It confirms that people experiencing homelessness have a right to protection from discrimination under the Canadian Charter of Rights and Freedoms. The decision also recognizes that people living in encampments face stigma, exclusion, and discrimination that is worse for equity-deserving groups.

We are pleased to see the decision reflects a human rights approach to housing and to see the Court meaningfully engage with Canada's international human rights obligations.

First, the ruling recognizes that forcibly removing people from encampments without providing adequate, safe, and accessible alternatives is a violation of their human rights.

Second, the ruling outlines the requirement for human rights-based approaches to encampments, including meaningful engagement with residents and adequate safety protocols.

Third, the decision recognizes that addressing homelessness must be interpreted in light of Canada's international human rights obligations, including the right to adequate housing enshrined in the National Housing Strategy Act.

Finally, the court confirms that cities equally have a duty to uphold the human right to housing and the human rights of encampment residents.

We applaud the bravery of the encampment residents who came forward to claim their rights and the hard work of Waterloo Region Community Legal Services arguing their case.

As Justice Gibson wrote: "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."

"This ruling sends a clear message: Governments must protect the human rights of people experiencing homelessness. Evicting people from encampments into greater danger is not the answer, and this ruling affirms it is a violation of their fundamental rights. The Court's ruling confirms the value of independent expertise that is informed by human rights, meaningful engagement, and lived experience.

The way forward is clear – meaningful engagement with residents, respect for their dignity and safety, and real investments in permanent housing and supports that address the root causes of homelessness."
- Marie-Josée Houle, Federal Housing Advocate

Quick Facts

• The Federal Housing Advocate provided expert witness testimony in this case, and the Court cited the Advocate's reports Upholding dignity and human rights: the Federal Housing Advocate's review of homeless encampments and the Guide to Meaningful Engagement and Integrating a Human Rights-Based Approach to Encampment Responses in its decision. The reports called for human rights-based responses to encampments, including ending forced evictions into homelessness, centring the voices of residents, and investing in long-term housing and supports that address the root causes of homelessness, rather than short-term displacement.
• The decision acknowledged "There is a homelessness crisis in Ontario. The number of unhoused people has risen sharply since the COVID-19 Pandemic. Province-wide, it is projected that the homeless population will more than double by 2035." The ruling observed that as of June 2025, the Waterloo Region's emergency shelter capacity was 377, but there were 2,371 homeless people counted in 2024.

SOURCE: Office of the Federal Housing Advocate