Forty-one municipal councillors from across Ontario want a group of mayors to rescind a recent letter to the Premier calling on him to use the notwithstanding clause in the fight against homelessness encampments.
The letter, which was signed by 13 mayors from Windsor, Chatham-Kent, St. Thomas, and Guelph, was sent to Doug Ford earlier this month, calling on him also to force those suffering severe mental illness and addiction challenges into treatment.
An Ontario Superior Court judge ruled last year that cities and towns must leave the encampments alone if they don't have space in their shelters for those people.
Using the notwithstanding clause would allow the province or municipalities to bypass the ruling.
However, the councillors representing 23 communities agree with the court that dismantling encampments and forcing people into treatment violates their right to life, liberty, and security. They signed their own public letter affirming the need for evidence-based solutions to the dual opioid and homelessness crisis.
"I believe that encampments are an expression of need for services, housing, food, community engagement, rather than an act that needs to be corrected through laws that would criminalize people living in extreme poverty," said St.Catharines Councillor Haley Bateman.
Robert Deutschmann, a Waterloo councillor, agrees.
"Individuals experiencing homelessness, mental health challenges, and substance abuse disorders are among the most vulnerable members of our society, deserving of protection and support rather than further marginalization," he said. "All individuals, regardless of their housing status or personal circumstances, are entitled to the full protection of their Charter rights."
Windsor's Mayor is unapologetic.
"I wouldn't have signed the letter if I didn't think there was a useful purpose to it," said Drew Dilkens. "I was proud to sign the letter, and I think that when it comes to encampments, municipalities need all the tools available to deal with these types of things."
While Dilkens said the homeless encampment situation isn't as bad in his city, he doesn't want it to worsen.
He also points to the negative impact encampments have on other residents nearby.
"They're not all well structured, well organized, perfectly oiled machines," he said. "There's a lot of disruptive behaviour, a lot of drug activity -- we need to come to terms with the fact that we need to deal with this. We can't just let people set up shop wherever they want to set up."