01/07/2026
Thank you very much Rob Deutschmann for your legal outline and advocacy!!
Jan. 6, 2026
Waterloo Region Record
By Robert Deutschmann
Robert K. Deutschmann, lawyer and former councillor.
The region should pause its proposed amendments for 100 Victoria St. and return to court with a court‑supervised, rights‑compliant transition plan aligned to the Central Transit Hub schedule.
This is the only lawful, fair and efficient path to achieve the region’s transit objectives while respecting binding judicial guidance.
First, Justice Valente declared the Code of Use bylaw constitutionally inoperative at this site when the number of homeless persons exceeds the number of available, accessible shelter beds across the region. He expressly rejected any encampment‑only capacity test and emphasized that “available” means truly accessible, low‑barrier options meeting diverse needs — motel rooms dependent on operator discretion do not qualify. The region did not appeal and may only lift the declaration by satisfying the court that section 7 of the Charter is no longer violated.
Second, Justice Gibson granted an interlocutory injunction, staying implementation of the site‑specific bylaw to the merits hearing, citing serious issues including inadequate consultation and notice. The record showed the region posted notice online one week before passage, despite many residents’ lack of internet access, and did not post a physical copy at the encampment.
Third, the draft amendments themselves reflect instability: shifting vacant‑possession dates (Dec. 1, 2025 versus April 1, 2026), alternating commencement prohibitions (Dec. 1, 2025 versus April 1, 2026), and conflicting “resident” definitions keyed to different notice anchors. Such inconsistency undermines legal certainty and fair notice.
Fourth, the Central Transit Hub timeline does not justify shortcuts. The region’s own materials tie remediation to December 2025 and construction to March 2026, with Metrolinx use commencing in March 2026. The court noted both the prospect of adjustment and uncertainty in Metrolinx’s timing. The region can meet its infrastructure milestones while honouring constitutional constraints — if it proceeds under court oversight.
A constructive alternative is at hand. The court-supervised mechanism identified by Justice Valente allows the region to demonstrate, on evidence, that its plan no longer infringes section 7 — through verified shelter accessibility, individualized transition supports, and genuine consultation — before enforcement resumes. This path protects vulnerable residents, reduces legal risk, and restores public confidence.
The Central Transit Hub will provide substantial public benefits — enhanced connectivity, economic opportunity, and improved access for seniors, students, lower‑income residents, and people with disabilities. These are important and shared objectives.
The way forward is collaborative and lawful: pause the amendments; maintain the status quo under the injunction; and return to court with a rights‑compliant transition plan that (a) verifies region‑wide, accessible capacity, not merely nominal beds or discretionary motel rooms; (b) provides individualized plans and supports; and (c) sequences any relocations to the hub’s remediation and construction schedule. This approach honours the region’s transit goals while meeting constitutional obligations and the procedural fairness concerns identified by the court.
A fair process is not an obstacle to progress; it is its foundation. The region can and should demonstrate leadership by aligning implementation with judicial guidance and the Charter, thereby ensuring that the Central Transit Hub proceeds in a manner that is lawful, orderly, and just.
