Cambridge councillor Sheri Roberts and regional councillor Doug Craig have joined a growing coalition of 72 municipal leaders across the province calling on Premier Doug Ford not to consider a request from 15 Ontario mayors to use the notwithstanding clause to clear homeless encampments.
"Today, the coalition is standing up for foundational democratic principles and advocating for transparent, accountable governance, by re-releasing their letter as a call to action on National Housing Day," reads a news release updating the list with more than 30 new names.
Cambridge councillors Ross Earnshaw, Scott Hamilton and regional councillor Pam Wolf signed the coalition letter earlier this week.
"The coalition calls on the Province to commit the necessary resources for evidence-based solutions to the humanitarian crisis of homelessness in Ontario. It also calls on the fifteen Mayors that have requested the use of the Notwithstanding Clause to clear encampments to rescind their letter to the Premier."
The notwithstanding clause is a provision in the Canadian Charter of Rights and Freedoms that allows a provincial legislature to circumvent a court decision by declaring it is "of no force or effect, despite any inconsistency in the legislation with the rights or freedoms" listed in the Charter.
The mayors who signed a letter asking Ford to use the clause, including Cambridge Mayor Jan Liggett, contend municipalities have been left to deal with the crisis without adequate resources, legal authority or support all due to a 2023 Ontario Supreme Court decision.
That decision made it illegal for the Region of Waterloo to evict a homeless encampment at Victoria and Weber streets in Kitchener because it violated the inhabitants' Charter rights to life and security of the person.
The ruling effectively required all Ontario municipalities to provide adequate shelter space for residents of encampments before any action can be taken to remove them.
Other local councillors who signed the letter opposing use of the notwithstanding clause include regional councillors Rob Deutschmann, Colleen James, Chantal Huinink and Kari Williams.
Earlier this month, Roberts, Earnshaw and Hamilton also opposed a resolution tabled by the Cambridge mayor reinforcing council's support of what she and 14 other Ontario Big City Mayors are asking Ford to do.
The coalition letter against that move notes the caucus of 29 OBCM did not support the use of the notwithstanding clause in the final draft of its motion requesting support for addressing homelessness and encampments from the Premier.
The coalition letter also notes the Association of Municipalities of Ontario (AMO) — which represents 444 municipalities — released policy recommendations advocating for evidence-based and effective solutions that address the root causes of homelessness, including investing in deeply affordable and supportive housing. They did not name the use of the notwithstanding clause.
