13 Ontario metropolis mayors are asking Premier Doug Ford to make use of the however clause to override a court docket choice stopping municipalities from clearing homeless encampments if their shelters are full.
Within the letter dated Thursday, the mayors name for a number of measures to assist municipalities take care of issues associated to psychological well being, dependancy and homelessness of their communities. The mayors say the usage of the however clause would make sure the measures are carried out successfully.
“We ask to your speedy consideration to this matter and stay up for working with the Authorities of Ontario to appreciate optimistic modifications to very advanced points,” the mayors wrote within the letter.
The letter is signed by Barrie Mayor Alex Nuttall, Brampton Mayor Patrick Brown, Brantford Mayor Ken Davis, Cambridge Mayor Jan Liggett, Chatham-Kent Mayor Darrin Canniff, Clarington Mayor Adrian Foster, Guelph Mayor Cam Guthrie, Oakville Mayor Rob Burton, Oshawa Mayor Dan Carter, Pickering Mayor Kevin Ashe, St. Catharines Mayor Mat Siscoe, Sudbury Mayor Paul Lefebvre and Windsor Mayor Drew Dilkens.
The letter comes after Ford referred to as on the mayors on Tuesday to demand that he use the however clause to move laws that may give them extra instruments to take care of homelessness.
“I’ve an thought: Why do not the large metropolis mayors truly put in writing that they need the province to vary the homeless program, be sure that we transfer the homeless alongside, and why do not they put in: ‘Use the however clause,’ or one thing like that,” Ford had stated.
“That is what they need to be doing… Let’s have a look at if they’ve the spine to do it, in the event that they actually need the homeless scenario to enhance,” he stated.
“Massive metropolis mayors, you need to get it achieved, I want that letter.”
Ontario Premier Doug Ford referred to as on the mayors on Tuesday to demand that he use the however clause to move laws that may give them extra instruments to take care of homelessness. (Christopher Katsarov/The Canadian Press)
The however clause is required due to a choice in January 2023 by the Ontario Superior Courtroom of Justice. Justice M.J. Valente dominated that Waterloo Area couldn’t use a municipal bylaw to evict individuals dwelling 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 an absence of shelter areas means the bylaw infringed upon Constitution rights.
“I declare that the By-Legislation is inoperative insofar, and solely insofar, because it applies to stop the residents of the Encampment from dwelling on and erecting non permanent shelters with out a allow on the Property when the variety of homeless individuals exceeds the variety of obtainable accessible shelter beds within the Area,” Valente wrote.
Within the letter, the mayors ask the provincial authorities to do the next:
Develop into an intervenor in any court docket case that restricts the power of municipalities to control and prohibit encampments, following the precept endorsed by the U.S. Supreme Courtroom that courts shouldn’t be dictating authorities coverage on homelessness. Strengthen the system of necessary community-based and residential psychological well being care and to broaden service to deal with those that have extreme addictions. Implement a drug and diversion court docket system throughout the province and guarantee there are crucial assets to permit a concentrate on rehabilitation versus incarceration. Amend the Trespass to Property Act to incorporate a separate provision for “repetitive acts of trespass,” the penalty for which ought to embody incarceration, and to permit a police officer to arrest an individual who commits repetitive acts of trespass after being informed by police to not have interaction in such exercise. These amendments must also embody an possibility for referral to a diversion court docket. Enact laws offering steering on the “open and public” use of medication being prohibited in the identical method that open consumption of alcohol is banned.
Grace Lee, spokesperson for the premier, stated in an announcement on Thursday: “We’ve been clear that we are going to discover each authorized device obtainable to the province to clear encampments and restore security to public areas.
“Whereas cities stay on the forefront of points regarding municipally owned lands, we’re analyzing which extra instruments the province can present to assist municipalities successfully handle these ongoing challenges,” Lee added.
Ontario NDP Marit Stiles says: ‘The answer to encampments and homelessness is housing. The housing would not exist.’ (Andrew Lahodynskyj/The Canadian Press)
Leaders of Ontario opposition events say the however clause will not be the reply.
“The answer to encampments and homelessness is housing. The housing would not exist,” Ontario NDP Chief Marit Stiles informed reporters at Queens Park on Thursday.
Stiles stated the federal government must work with municipalities to construct inexpensive housing and it ought to deliver again hire management.
Mike Schreiner, Ontario Inexperienced Social gathering Chief, stated on Thursday that utilizing the however clause is an “excessive” motion.
“To me, it is a full failure of the Ford authorities to construct deeply inexpensive, non-profit, co-op and supportive housing. If they’ll take the intense measure of taking the constitutional rights away from people who find themselves experiencing homelessness, the place are these individuals going to go? There are not any properties for them to go to.”
Schreiner stated if he was premier, he wouldn’t think about the mayors’ request.
