– Ottawa, Ontario – Office of the Federal Housing Advocate and Canadian Human Rights Commission
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.”
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“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
“This decision is a landmark affirmation that governments in Canada must address homelessness in line with their human rights obligations. By recognizing the rights of encampment residents and engaging meaningfully with international human rights law, the Court has reinforced that the right to adequate housing, dignity and equality must guide government action.”
– Charlotte-Anne Malischewski, Chief Commissioner of the Canadian Human Rights Commission
613-943-9118
communications@chrc-ccdp.gc.ca
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