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 cope with 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 call 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 decide stated an absence 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 urged they need to.
“I do not assume that the premier may help us with the encampments except he makes use of the however clause,” Liggett informed CBC Okay-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 day by day in our communities. However no municipality must be above the legislation and we’re sworn to uphold democracy and human rights as councillors.”
WATCH | Folks residing at downtown Guelph homeless encampment requested to maneuver:
Folks residing at downtown Guelph homeless encampment requested to maneuver
Written eviction notices handed out to residents of the encampment in Guelph’s St. George Sq. in late October took impact on Wednesday. Unoccupied tents had been eliminated and bylaw officers had been ready for the remaining few residents to depart voluntarily. Doug Godfrey, the overall supervisor of Guelph’s operations division, stated in an emailed assertion that bylaw officers could difficulty trespass notices to those that select to not adjust to the eviction order. Reporting by Cameron Mahler/CBC.
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 symbolize their pursuits, however we can not do that with out the chance for enter and democratic debate on the municipal stage,” 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. Cambridge Coun. Scott Hamilton. Guelph Coun. Erin Caton.
15 mayors requested, on the request of the Premier, that Ontario invoke the however clause to clear encampments. I stand with 40 councilors from throughout Ontario, some in these communities, asking that the request be rescinded and the Premier work on options not litigation. pic.twitter.com/eXU3QpasVZ
—@robdeutschmann
In a publish 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 components of the 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 quite 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.
