'It's overkill': Dozens of councillors speak up against use of notwithstanding clause to deal with encampments

A group of municipal and regional councillors in Ontario have come together to speak out against the potential use of the notwithstanding clause to deal with encampments.

The notwithstanding clause, also known as Section 33 of the Charter of Rights and Freedoms, gives provincial legislatures or parliament the ability to override certain portions of the Charter for no more than five 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 formed coalition, explained.

The coalition was formed weeks after more than a dozen mayors, including the mayors of Brantford, Cambridge and Guelph, signed a letter to Premier Doug Ford asking him to consider using the notwithstanding clause as cities across the province struggle with how to handle growing encampments.

The mayors’ letter was hand-delivered to Ford earlier this month.

In a previous interview with CTV News, Ford said he would be open to using the clause if necessary.

“It's an extreme overkill or overreach,” said 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 formed coalition had 41 councillors from 23 communities who published their own letter. They said there is a need 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,” said Deutschmann.

By Monday afternoon, several more 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 told CTV News.

Another 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 said.

Other solutions

Some of the members of the new coalition offered other solutions that don’t involving use of the notwithstanding clause.

“Providing funding to the municipalities because we know what we need to do at the municipal level,” said Deutschmann.

Several councillors are pushing the province for more 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,” said Hamilton.

Hamilton said the issue needs a collaborative approach.

“If we invoke something as powerful as the notwithstanding clause, it's a really slippery slope for any politician,” he said.

Where encampments go is another hot-button topic, even for those who don’t believe in using the notwithstanding 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,” said Williams.

Premier’s office responds

CTV News reached out to the premier’s office about the newly formed coalition against use of the notwithstanding 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 said in a statement.

The provincial government also made note of its investment of over $3 billion over the next three years to be put towards homelessness prevention, including addiction and recovery hubs.

CTV News reached out to some local mayors who previously spoke in favour of using the notwithstanding clause to deal with encampments. None of them provided a comment.