Premier Doug Ford is prepared to override the courts by giving municipalities and police “enhanced legislative powers” to “dismantle” homeless encampments across Ontario.
“We are acting to put an end to the public disorder, drug use and trafficking and loss of public space that have resulted from the widespread growth in encampments,” Ford said Thursday.
His comments came in a response to a dozen mayors who appealed to Ford to enact tougher laws to help them deal with encampments and “where necessary use the notwithstanding clause” to ensure any efforts aren’t overturned by the courts.
“I am confident that the legislative authorities the province is preparing are common sense, practical and entirely aligned with the Charter of Rights and Freedoms, especially for the law-abiding residents who simply want to enjoy the benefits of their local public spaces,” the premier told them.
“For that reason, I do not expect the legislation will need to proactively invoke Section 33 of the Charter of Rights and Freedoms,” he said.
“However, should the courts interfere with our shared goal of effectively addressing and clearing out encampments using these enhanced tools, with your support, our government is fully prepared to use the notwithstanding clause.”
His letter came after the mayors of Barrie, Brampton, Brantford, Cambridge, Chatham-Kent, Clarington, Oakville, Oshawa, Pickering, St. Catharines, Sudbury and Windsor appealed to him two weeks ago for help.
They urged his government to “become an intervener on any court case that restricts the ability of municipalities to regulate and prohibit encampments” and “strengthen the existing system of mandatory community-based and residential mental health care and to expand service to treat those who have severe and debilitating addictions.”
While there are more than 1,000 people living in tents in Toronto parks throughout the city, Mayor Olivia Chow did not sign the letter.
The premier agreed there is “an urgent need to do more and I am thrilled that you have shown considerable leadership in putting forward concrete and actionable solutions.”
“Ontario is finalizing the details of new initiatives, including enhanced legislative powers, that will be responsive to your requests,” he wrote.
“The new legislation and supporting initiatives will achieve the outcomes all of us agree are necessary in order to protect public safety and dismantle encampments.”
Legislation, which is expected before the house rises for the holiday break next Thursday, will include a funding boost “to create more capacity in our shelter systems, supported by the new accountability measures to ensure these funds support dismantling encampments.”
As well, it will gives police “new tools and authorities” to further curb the use of illicit drugs in public.
Brampton Mayor Patrick Brown said he was “very pleased with the response from the premier.”
“We don’t permit illicit drugs in our Peel shelters and it’s why we have seen encampments grow among those struggling with addictions,” said Brown.
“We simply can’t have dangerous drug use in our parks and public spaces. The commitment to clearly prohibit it and back it up legally is helpful,” he said.
“I just hope the next shoe to fall is compassionate intervention for addictions.”
In Waterloo last year, a judge ruled that evicting those living in homeless encampments would be a violation of their Charter rights if no shelter spaces are available. A similar judicial ruling was also handed down in Kingston.
Use of the notwithstanding clause — which Ford has invoked before, being the first Ontario premier to use the Constitution’s nuclear option — allows a government to pass legislation overriding certain rights.
On Tuesday, the auditor general criticized him for his decision to close 10 of 17 Ontario’s supervised consumption sites in favour of 19 Homelessness and Addiction Recovery Treatment hubs.
Auditor general Shelley Spence said shuttering the facilities near schools and daycares was made “without proper planning.”
