Coalition of councillors oppose use of notwithstanding clause to deal with encampments

Councillors against notwithstanding clause Weeks after more than a dozen mayors signed a letter to consider using the notwithstanding clause, councillors are speaking out against it.

Weeks after more than a dozen mayors, including Barrie Mayor Alex Nuttall, signed a letter to Premier Doug Ford asking him to consider using the notwithstanding clause as cities struggle with how to handle growing encampments, a coalition of councillors are speaking out against its potential use.

Forty-one Ontario councillors and counting have signed onto their own letter of opposition, requesting the mayors who backed the use of the notwithstanding clause rescind that request.

The clause, which falls under Section 33 of the Charter of Rights and Freedoms, allows parliament or provincial legislatures to temporarily override certain sections of the charter.

The use of that clause would be needed to clear encampments after a landmark court ruling against the Region of Waterloo in January 2023 stated officials could not forcibly remove an encampment without providing alternative indoor spaces.

"I'm more than disappointed, I think it's egregious," said Orillia councillor Janet-Lynne Durnford, one of two Orillia councillors to have signed the letter. "They are calling for the right to arrest and incarcerate people for repeated acts of trespassing but there is nowhere for people to go."

Durnford brought the letter to fellow councillor, Jay Fallis, to sign, feeling compelled to do so after reading the initial mayors' request.

This new opposition letter states that instead of using the controversial clause, municipalities and the province should look towards more evidence-based solutions, as highlighted by the Association of Municipalities of Ontario (AMO).

"So this includes more affordable housing and more access to necessary services, including mental health services and addictions treatment for a lot of these individuals," said councillor Fallis.

"There's a lot of challenges that they (homeless people) face, and this is just one more way that we're punishing them and trying to make it more difficult for them to recover and for them to be part of the community again."