A ‘precedent-setting’ decision rules encampment clearing would violate Charter rights

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A ‘precedent-setting’ decision rules encampment clearing would violate Charter rights
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An Ontario court said a Waterloo Region encampment cannot be cleared given a lack of shelter space. It could mean a more ‘compassionate approach’ in Toronto.

For the first time in Ontario, clearing an encampment has been found to be a violation of the Charter rights of the people living there, in a decision advocates say will set a precedent for Toronto, and elsewhere.denied the Region of Waterloo’s request to evict about 50 people from a Kitchener encampment, without adequate indoor shelter space.

The decision builds on cases in British Columbia, which have also found removing encampments infringes on Charter rights, under section 7. Greg Cook, an outreach worker at the Toronto non-profit Sanctuary, called the decision a “step in the right direction” and “precedent setting,” in light of Toronto’s ongoing shelter space shortage.

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