A letter signed by 41 councillors from throughout Ontario, together with some from Guelph and Waterloo area, is looking on the Ontario authorities to carry again on utilizing the however clause to assist municipalities take care of encampments.
It comes after a letter from 13 mayors on Oct. 31 “strongly” requested the province to think about using the however clause to assist them clear encampments. Amongst these to signal the letter was Guelph Mayor Cam Guthrie and Cambridge Mayor Jan Liggett.
The however clause is required due to a choice in January 2023 by the Ontario Superior Court docket of Justice. Justice M.J. Valente dominated that the Area of Waterloo couldn’t use a municipal bylaw to evict individuals residing in an encampment in Kitchener as a result of that bylaw was deemed to be in violation of Part 7 of the Canadian Constitution of Rights and Freedoms.
The choose stated a scarcity of shelter areas means the bylaw infringed upon Constitution rights.
The however clause is in Part 33 of the Constitution and permits governments to quickly override different sections of that doc.
The mayors despatched the letter after Premier Doug Ford advised they need to.
“I do not suppose that the premier may also help us with the encampments except he makes use of the however clause,” Liggett advised CBC Ok-W’s The Morning Version earlier this month.
However the councillors who’ve signed the brand new letter disagree.
“As particular person councillors in our respective municipalities, we all know that Ontario municipalities are going through a humanitarian disaster that affects all of us,” the letter says. “We see it each day in our communities. However no municipality ought to be above the legislation and we’re sworn to uphold democracy and human rights as councillors.”
WATCH | Individuals residing at downtown Guelph homeless encampment requested to maneuver:
The councillors say councils weren’t consulted earlier than mayors signed the letter or earlier than it was made public.
“We’re elected by our constituents to signify their pursuits, however we can’t do that with out the chance for enter and democratic debate on the municipal degree,” the letter says.
The letter made public on social media reveals the native councillors who’ve signed the letter are:
Area of Waterloo Coun. Pam Wolf.
Area of Waterloo Coun. Rob Deutschmann.
Cambridge Coun. Ross Earnshaw.
Guelph Coun. Erin Caton.
In a submit on the social media platform X, previously Twitter, Deutschmann stated he signed the letter as a result of he thinks Ford ought to “work on options not litigation.”
Guelph at the moment has a public area use bylaw, which prohibits encampments from sure elements of town, together with St. George’s Sq. within the downtown core from which individuals had been evicted final week.
On the social media platform Bluesky, Caton wrote, “No matter what you consider our native bylaw I hope we are able to unite round supportive options fairly than breaching constitution rights as the trail ahead.”
4 Hamilton councillors have additionally signed the letter. Final week, Hamilton metropolis council voted in opposition to a movement to name for the province to make use of the however clause.
