Ontario Premier Doug Ford said his government could invoke the notwithstanding clause to override a court ruling regarding a homeless encampment in Kitchener [1].
The move signals a potential escalation in the province's approach to homelessness and urban development. By using this constitutional tool, the provincial government could bypass judicial protections for encampment residents to prioritize infrastructure projects.
A judge issued the ruling on Monday, May 25, 2026 [1]. The court barred the Region of Waterloo from clearing the encampment, which currently obstructs construction crews working on a new transit hub [3].
Ford criticized the judicial decision. He said the ruling was "the craziest decision I've ever heard" [3]. He also said the judge's decision was "cockamamie" [2].
To resolve the standoff, Ford said the province could "dust off plans to pass anti‑encampment legislation using the notwithstanding clause" [2]. This legal mechanism allows provincial or federal governments to enact laws that operate regardless of certain sections of the Canadian Charter of Rights and Freedoms.
The conflict centers on the balance between the rights of unhoused individuals to occupy public space, and the municipal need to complete transit infrastructure. The Region of Waterloo had sought to clear the site to allow work to proceed on the hub, but the court intervened to protect the residents [3].
Ford did not provide a specific timeline for when the legislation would be introduced, but he said the option remains on the table to ensure construction is not indefinitely delayed [1].
“"the craziest decision I've ever heard."”
The potential use of the notwithstanding clause in this context represents a shift toward using constitutional overrides for municipal land-use and social service disputes. If enacted, it could set a precedent for how Ontario handles the intersection of homelessness and public infrastructure, potentially reducing the ability of courts to protect encampments based on Charter rights.
