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Home » Guelph » Council formally opposes use of however clause
Guelph

Council formally opposes use of however clause

December 11, 20243 Mins Read
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Council formally opposes use of notwithstanding clause
Council formally opposes use of notwithstanding clause
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Mayor Cam Guthrie stated he would respect council’s resolution, however will keep his private opinions on the matter

Metropolis council flipped the mayor’s script and expressed its formal opposition to using the however clause, in addition to its assist for the Clear up the Disaster Marketing campaign throughout Wednesday’s particular council assembly. 

In October, Mayor Cam Guthrie was amongst a number of mayors who signed a joint letter calling on the provincial authorities to guard municipalities that take away encampments from courtroom challenges underneath the Constitution of Rights and Freedoms by utilizing the however clause. 

On Wednesday, Coun. Erin Caton introduced ahead a movement that council formally oppose using the however clause, to oppose using drive in involuntary remedy, and {that a} letter be despatched to the Affiliation of Municipalities of Ontario, Ontario Huge Metropolis Mayors and 12 municipalities within the 13 mayor request letter relating to Guelph council’s opposition. 

From Caton’s perspective, utilizing the however clause places the town on the improper facet of the Constitution.

“What does that say about our values? This isn’t about our public space use bylaw, but about every municipality being above the law,” Caton stated. 

A variety of delegates got here to specific their assist for the movement, together with Diana Chan McNally from The Shift, a worldwide group working to safe the proper to housing for all.

“This request was made with seemingly little thought,” she stated. “Also without engaging in local democratic processes. It isn’t within legislated strong mayor powers for any mayor to bypass council in making significant decisions. The request would violate the rights of vulnerable people.” 

She stated council must be involved it wasn’t consulted, and that use of the however clause received’t resolve the issue of homelessness or encampments. 

“Human rights are not contingent on your housing status. Everyone has human rights, or no one does.”

Brad Evoy from the Incapacity Justice Community of Ontario referred to as using the however clause a “constitutional sledgehammer” that “threatens your ability to govern yourselves effectively.” 

“The question before you then (is) what do you value more, the rights of all Ontarians and Guelphites, or the comfort of some business owners, home owners and NIMBY’s, when it comes to dealing with the problems on the table here?”

Different delegates expressed related ideas, and Coun. Leanne Caron stated she recalled feeling shock and disappointment when she heard Guthrie had signed the letter on behalf of the town.

“We, as a council, are not in favour of the notwithstanding clause,” she stated. 

The primary merchandise handed with Guthrie, Coun. Michelle Richardson and Coun. Christine Billings voting in opposition to. The third merchandise handed unanimously, and the second was tabled for future dialogue. 

Guthrie stated he’ll “respect the decision of council,” however keep his private opinion, including that if an encampment takes over an area like a playground or splash pad, “we should be able to move it.” 

“I will never ever back away from trying to keep our community spaces safe for everybody, and trying to bring some public order back to this situation that we are all frustrated (about),” he stated. 

He added he believes the letter helped “move the dial,” and that an announcement is anticipated from the Ford authorities relating to laws tomorrow. 

“If there is praise warranted tomorrow, then I would thank myself and the other mayors (who signed the letter).”

 



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