CambridgeToday received the following letter about the request made by 15 Ontario mayors that Premier Doug Ford use the notwithstanding clause to circumvent an Ontario Superior Court order preventing municipalities from clearing homeless encampments on public land.
The latest controversy over encampments has ignited a storm of indignation from those who oppose the use of this clause to override the rights of individuals who live in these sites.
On one side of the issue are those municipal councillors who rightly question the use of the clause and its impact on, “individuals experiencing homelessness and mental health challenges who are among the most vulnerable members of our society.”
On the other side of the ledger are 15 mayors who have decided to work outside the usual reference points of the Association of Municipalities of Ontario and the Big City Mayors in order to press home the alarming consequences of unsanctioned encampments in our community.
Although, I would agree that the implementation of the notwithstanding clause is unnecessary and certainly not warranted in this case, what cannot be lost is the effect of these encampments on the community.
Just like we have vulnerable individuals that need our help and support, there is also the reality of vulnerable neighbourhoods and communities that have endured the negative outcomes of these encampments. These range from everything across the board from stolen household items, to the consequences of unsanctioned campfires to a whole realm of unconscionable behaviour on our city streets that challenge the social norms of the regional community.
As rightly stated, “No municipality should be above the law,” then clearly no individual or groups of individuals should be above the law either.
The group of mayors pressing for action on the encampment issue are simply expressing their utter frustration as community leaders by suggesting the notwithstanding clause as a final course of action.
In doing so, they are trying to get the attention of the Province of Ontario to finally do something meaningful in not only helping vulnerable individuals, but also in rescuing communities from the negative effects of these various encampments.
In conclusion, I completely agree with the statement that, “All individuals, regardless of their housing status or personal circumstances, are entitled to the full protection of their Charter rights.” Yet, let’s remember that those same rights must also be consciously applied to those citizens whose neighbourhoods have been negatively impacted and ignored in this ongoing debate.
Douglas Craig
Cambridge
