A bunch of municipal and regional councillors in Ontario have come collectively to talk out towards the potential use of the however clause to cope with encampments.
The however clause, often known as Part 33 of the Constitution of Rights and Freedoms, offers provincial legislatures or parliament the power to override sure parts of the Constitution for not more than 5 years.
“Basically, it can be used by a province to suspend the rights of a group of people. In Quebec, they’ve used it with respect to French language and religious symbols,” Waterloo Regional Councillor Robert Deutschmann, one the members of the newly fashioned coalition, defined.
The coalition was fashioned weeks after greater than a dozen mayors, together with the mayors of Brantford, Cambridge and Guelph, signed a letter to Premier Doug Ford asking him to think about using the however clause as cities throughout the province wrestle with how you can deal with rising encampments.
The mayors’ letter was hand-delivered to Ford earlier this month.
In a earlier interview with , Ford mentioned he could be open to utilizing the clause if essential.
“It’s an extreme overkill or overreach,” mentioned Deutschmann. “The premier is goading municipalities to be that large institution fighting against people that can’t defend themselves. And it’s just wrong.”
On Monday morning the newly fashioned coalition had 41 councillors from 23 communities who printed their very own letter. They mentioned there’s a want for “evidence-based solutions to the humanitarian crisis of homelessness and encampments in Ontario.”
“There really is an uproar and a concern about using the notwithstanding clause for this. It’s completely inappropriate,” mentioned Deutschmann.
By Monday afternoon, a number of extra councillors joined like Scott Hamilton, a Cambridge councillor.
“I read the letter and I realized this is something that I feel personally, morally and ethically, that I have to sign on to as an elected politician,” Hamilton informed .
One other councillor who joined the coalition Monday afternoon was Kari Williams, a regional councillor.
“I decided to sign because I think that clearing encampments without proper care and using enforcement is doing more harm than good. These people are already struggling and removing their belongings, and what they feel is their home, also removes their dignity,” Williams mentioned.
Different options
Among the members of the brand new coalition supplied different options that don’t involving use of the however clause.
“Providing funding to the municipalities because we know what we need to do at the municipal level,” mentioned Deutschmann.
A number of councillors are pushing the province for extra funding.
“We need supportive, transitional and affordable housing, and we need to fund the social service agencies and the non-profits that are doing the work on the ground everyday,” mentioned Hamilton.
Hamilton mentioned the difficulty wants a collaborative strategy.
“If we invoke something as powerful as the notwithstanding clause, it’s a really slippery slope for any politician,” he mentioned.
The place encampments go is one other hot-button matter, even for individuals who don’t imagine in utilizing the however clause.
“I firmly believe that it is our responsibility as a government to find real solutions and provide housing options of all types, so people have a better place to live. I think encampments are problematic, but we need to find a better way than using the notwithstanding clause to try to bypass the recent court decisions,” mentioned Williams.
Premier’s workplace responds
reached out to the premier’s workplace in regards to the newly fashioned coalition towards use of the however clause.
“We have been clear that we will explore every legal tool available to the province to clear encampments and restore safety to public spaces. While cities remain at the forefront of issues relating to municipally owned lands, we are examining which additional tools the province can provide to help municipalities effectively manage these ongoing challenges,” a spokesperson mentioned in a press release.
The provincial authorities additionally made be aware of its funding of over $3 billion over the following three years to be put in direction of homelessness prevention, together with dependancy and restoration hubs.
reached out to some native mayors who beforehand spoke in favour of utilizing the however clause to cope with encampments. None of them offered a remark.
