A number of mayors are hoping their newest plea to the province is one that may’t be ignored.
Whereas Premier Doug Ford was in Cambridge on Friday to tour a newly opened pharmaceutical facility, Cambridge Mayor Jan Liggett took the chance at hand him a letter signed by a number of mayors.
“I hand delivered a letter from the Big City mayors that have come together to ask for, if necessary, the notwithstanding clause from the Charter of Rights to be used,” Liggett mentioned.
The however clause, also referred to 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.
The clause applies to sure sections of the constitution and may’t be used in opposition to provisions that shield the democratic course of.
Ford used the however clause in June 2021 to revive elements of the Election Funds Act however the Ontario Court docket of Attraction dominated the invoice was unconstitutional in March 2023. Ford used the nothwithstanding clause once more in 2022 as a part of the Maintaining College students in Class Act. Though that use obtained royal assent, it was repealed and retroactively nullified 11 days later.
The letter
The letter was handed to Ford lower than every week after Ford requested why mayors weren’t doing one thing extra drastic about homeless encampments.
“Why don’t they use the notwithstanding clause or something like that?” he requested on Oct. 28. “That’s what they should be doing rather the just kind of going up to the edge. Let’s see if they have the backbone to do it.”
In all, greater than a dozen mayors rose to his problem, together with Alex Nuttall of Barrie, Patrick Brown of Brampton, Ken Davis of Brantford, Jan Liggett of Cambridge, Darrin Canniff of Chatham-Kent, Adrian Foster of Clarington, Cam Guthrie of Guelph, Rob Burton of Oakville, Dan Carter of Oshawa, Kevin Ashe of Pickering, Mat Siscoe of St. Catharines, Paul Lefebvre of Sudbury and Drew Dilkens of Windsor.
The letter reads partly: “We request that your authorities take into account the next measures, and the place mandatory use the However Clause to make sure these measures are applied in a well timed and efficient means:
The Provincial Authorities is requested to grow to be an intervenor on any courtroom case that restricts the power of municipalities to manage and prohibit encampments, advocating for the precept endorsed by the US Supreme Court docket (Metropolis of Grant Move, Oregon) that courts shouldn’t be dictating homelessness coverage.
The Provincial Authorities is requested to strengthen the prevailing system of obligatory community-based and residential psychological well being care and to develop service to deal with those that have extreme and debilitating addictions.
The Provincial Authorities is requested to implement a Drug and Diversion Court docket system all through your entire province and make sure the mandatory assets to permit a significant give attention to rehabilitation versus incarceration.
The Provincial Authorities is requested to amend the Trespass to Property Act to incorporate a separate provision for repetitive acts of trespass, the penalty for which ought to embrace a interval of incarceration, and to additional allow a police officer to arrest an individual who commits repetitive acts of trespass after having been directed by the police officer to not interact in such exercise. These amendments must also embrace an choice for referral to a Diversion courtroom for {charges} of repetitive trespass.”
After handing Ford the letter, Liggett informed , “We don’t have the tools for ourselves currently because courts are not aligned with the social issues that we are facing,” Liggett mentioned. “They look at the human rights aspect, which we have to look at, and the harm being done. Not just the people living in the community as a whole.”
Encampment debate
A number of cities throughout the province have struggled with the right way to steadiness the wants of encampment residents whereas additionally protecting public areas accessible for all group members.
The precedent for dismantling encampments was set in Waterloo Area in 2023. A courtroom choice dominated evicting encampment residents infringed on their Chater Rights. The ruling famous the area didn’t have enough shelter areas for the homeless inhabitants.
Advocates for folks experiencing homelessness mentioned extra nonetheless must be completed to handle to root of the issue.
“I find it disappointing that the mayors have chosen to ask the province to use the notwithstanding clause instead of looking for solutions that will actually help people that are experiencing homelessness,” Shannon Down, government director for Waterloo Area Neighborhood Authorized Providers mentioned.
Liggett famous the letter does embrace a request to strengthen and develop psychological well being companies. “As a leader of the community, I’m trying to build a community that is healthy for everybody.”
As for Ford, he mentioned his authorities might be working with the cities.
“Any municipality that ends up going to court, we’re going to be with them,” he mentioned. “We’re going to be there supporting them. We’ll send our teams in there as well. We want to help people, but you can’t have people squatting in public parks.”
