'It’s a weapon': Coalition of Ontario councillors oppose use of notwithstanding clause

A group of 41 Ontario councillors has signed onto their own letter in opposition to the potential use of the notwithstanding clause as a means to address encampment, mental health, and addictions crises in response to the letter to the premier from a dozen mayors backing the use of the measure if necessary.

The letter from the councillors was published on Monday with Alysson Storey, the Ward 6 Councillor for Chatham-Kent, the lone signatory from her municipality.

“It's been called, ‘Just another tool in the toolbox,’” said Storey of the notwithstanding clause. “To me, a tool is something that you use to solve or fix something. To use, or even to really threaten to use, the notwithstanding clause to me is not a tool — it's a weapon.”

There are no councillors from Windsor or Essex County signed onto the letter.

It requests the mayors who backed the use of the notwithstanding clause, Section 33 of the Charter of Rights and Freedoms which allows Parliament or provincial legislatures to temporarily override certain other sections therein, rescind the request.

That includes Windsor Mayor Drew Dilkens and Chatham-Kent Mayor Darrin Canniff.

Storey is uncomfortable with the level of power being requested and doesn’t believe there is the evidence to support its use as an effective approach to the myriad issues.

“That is something that's not going to help,” said Storey. “It's actually going to make it worse.”

The letter signed by the councillors reads “no municipality should be above the law, and we are sworn to uphold democracy and human rights as councillors.”

The councillors also argue against the measure, pointing to policy recommendations released by the Association of Municipalities of Ontario (AMO) advocating for evidence-based and effective solutions targeting root causes of homelessness and investing in “deeply affordable” and supportive housing.

“All we need are evidence-based solutions like mental health services, addictions treatment, more homeless beds and supportive housing,” said Storey.

The head of Windsor’s Hôtel-Dieu Grace Healthcare, Bill Marra, which specializes in mental health care, has also come out against the proposal for involuntary treatment citing concerns around effectiveness and human rights, among several others.

Court ruling

A landmark court ruling against the Region of Waterloo in January 2023 meant officials could not forcibly remove an encampment without providing alternative indoor spaces.

Justice Michael J. Valente provided the ruling that found removing residents from encampments without appropriate alternative accommodations violated their Section 7 right to life, liberty and security of the person.

It’s this ruling Big City Mayors in Ontario are looking to circumvent with the notwithstanding clause to address public encampments and employ involuntary treatment.

Storey argued without appropriate supports, forced removal would do no good.

“Right now, we do have multiple encampments in Chatham-Kent and it's a terrible situation,” said Storey. “Our emergency homeless shelter is full most nights. We do not have any supportive housing beds. We don't have anywhere for them to go. That's the long and short of it.”

Premier’s response

Premier Doug Ford has publicly stated he won’t send people to “mental hospitals”, even as he expressed ardent concerns around property rights.

In an email from the Premier’s Office, a spokesperson is adamant the Ford government won’t consider involuntary treatment as a tool to address encampments or entangled crises.

“We have been clear that we will explore every legal tool available to the province to clear encampments and restore safety to public spaces,” wrote Grace Lee, the Director of Media Relations for the premier. “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. Our government is also focused on providing a system of care that prioritizes connecting people who want treatment, where and when they need it. As such, we will not be considering involuntary treatment."

Coalition of councillors

Statement from a Coalition of Municipal and Regional Councillors on the Use of the Notwithstanding Clause to Clear Encampments:

On Oct. 31, the Mayors of 13 Ontario municipalities publicly released a letter to Premier Doug Ford regarding provincial support for action on encampments.

This letter requests that the Premier use the Notwithstanding Clause to “[intervene] on any court case that restricts the ability of municipalities to regulate and prohibit encampments” — even when there is nowhere else for people to go. In 2023, the Ontario Superior Court of Justice struck down a Region of Waterloo encampment by-law. The presiding Justice Michael J. Valente found that the by-law violated encampment residents’ Charter-protected right to life, liberty and security of the person (Section 7) as a result of a lack of adequate shelter beds.

As individual councillors in our respective municipalities, we know that Ontario municipalities are facing a humanitarian crisis that is affecting all of us. We see it every day in our communities. But no municipality should be above the law, and we are sworn to uphold democracy and human rights as Councillors.

We are also concerned that Councillors in the 13 municipalities named — now expanded to 15 — were not consulted prior to this letter being made public. We are elected by our constituents to represent their interests, but we cannot do this without the opportunity for input and democratic debate at the municipal level.

We also note that this letter represents a break among the 29 municipalities that comprise the Ontario Big City Mayors (OBCM) caucus. The caucus did not support the use of the notwithstanding clause in the final draft of its motion requesting support for addressing homelessness and encampments from the Premier. As well, the Association of Municipalities of Ontario (AMO) — which represents 444 municipalities — released policy recommendations advocating for evidence-based and effective solutions that address the root causes of homelessness, including investing in deeply affordable and supportive housing. They did not name the use of the notwithstanding clause.

We request that this letter be rescinded, and that our municipal Councils support evidence-based solutions to homelessness and the Charter to ensure that the democratic will of our constituents and human rights are respected.

Signed,

Alex Bierk, Councillor and Co-Chair of Housing and Homelessness, City of Peterborough

Alex Wilson, Councillor, Hamilton, Ward 13 — Dundas and Flamborough

Alysson Storey, Councillor, Chatham-Kent, Ward 6

Ariel Troster, Councillor, Ottawa, Ward 14 — Somerset

Cameron Kroetsch, Councillor, Hamilton, Ward 2

Catherine Kiewning, Councillor, Dryden

Conny Glenn, Councillor, City of Kingston, Sydenham District

David Baughman, Councillor, Central Elgin, Ward 5

David J. Ferreira, Councillor, London, Ward 13

Erin Caton, Councillor, Guelph, Ward 1

Glen Gower, Councillor, Ottawa, Ward 6 — Stittsville

Greg Miller, Councillor, St. Catharines, Merritton

Hadleigh McAlister, Councillor, London, Ward 1

Haley Bateman, Councillor, Niagara Region, St. Catharines

Janet-Lynne Durnford, Councillor, Orillia, Ward 4

Jay Fallis, Councillor, Orillia, Ward 3

Jeff Leiper, Councillor, Ottawa, Ward 15 — Kitchissippi

Jennifer Shaw, Deputy Mayor, Arran-Elderslie

Joel Loughead, Councillor, Grey Highlands

John Thompson, Councillor, Town of Goderich

Kathryn Desrosiers, Councillor, Aylmer

Kelsie Van Belleghem, Councillor, Kenora

Laine Johnson, Councillor, Ottawa, Ward 8 — College

Lindsay Koch, Councillor, Kenora

Lindsay Wilson, Deputy Mayor, Ingersoll

Liz Petrie, Councillor, Town of Goderich

Lori Lococo, City Councillor, Niagara Falls

Marty Carr, Councillor, Ottawa, Ward 18 — Alta Vista

Morgaine Griffin, Councillor, Central Elgin, Ward 2

Nadia Dubyk, Councillor, Grey Highlands

Nrinder Nann, Councillor, Hamilton, Ward 3

Pam Wolf, Councillor, Region of Waterloo, Cambridge

Paul Ainslie, Councillor, Toronto, Ward 24 — Scarborough-Guildwood

Randy Carroll, Councillor, Town of Goderich

Robert Deutschmann, Councillor, Regional Municipality of Waterloo

Ross Earnshaw, Councillor, City of Cambridge, Ward 4

Sam Trosow, Councillor, London, Ward 6

Skylar Franke, Councillor, London, Ward 11

Tammy Hwang, Councillor, Hamilton, Ward 4

Tara McCaulley, Councillor, St. Thomas

Trevor Bazinet, Mayor, Town of Goderich