Ahwenehaode - Indigenous Justice

I am so proud to be a part of a team that successfully argued a precedent-setting case recognizing the disproportionate impact encampment evictions have on Indigenous people experiencing homelessness.

The Court affirmed that Indigenous homelessness is not simply the result of individual circumstances, but is deeply connected to colonization, displacement from land, systemic racism, intergenerational trauma, and barriers to safe and stable housing.

One passage that stands out:
“Homelessness among Indigenous people is not simply a matter of individual misfortune. For Indigenous people, it is well established that homelessness is a consequence of colonization.”

The decision highlights that while the by-law appeared neutral on the surface and applied to everyone equally, its real-world effects would disproportionately harm Indigenous residents already overrepresented in homelessness and facing additional barriers to culturally safe housing and shelter access.

According to the 2024 Waterloo PiT count, Indigenous people make up only 1.7% of the population, yet represented 17% of unhoused people.

The Court found that policies that appear neutral can still deepen inequality and amount to adverse-effects discrimination under section 15(1) of the Charter when their impacts fall more harshly on marginalized communities.

Check out some of the National Indigenous People's Day events happening in your community. Waterloo Region Community Legal Services Legal Clinic of Guelph and Wellington County Mississauga Community Legal Services

It’s a good day for a pow wow