4 Windsor, Chatham-Kent councillors oppose use of notwithstanding clause on encampments

Encampments debated Councillors unite against use of notwithstanding clause to clear homeless encampments.

Four councillors from Windsor and Chatham-Kent are among 72 municipal leaders opposing a letter from 15 Ontario mayors that supports Premier Doug Ford's push to use the notwithstanding clause to clear homeless encampments.

Last month, 15 Ontario mayors — including Windsor Mayor Drew Dilkens and Chatham-Kent Mayor Darrin Canniff — sent a joint letter urging the Premier to take swift action on mental health, addiction and homelessness.

The letter outlines proposed measures such as expanded mental health services, a province-wide Drug and Diversion Court system, stricter trespassing laws and bans on open drug use.

It also calls for provincial intervention in court cases limiting municipal control over encampments and advocates using the notwithstanding clause to ensure these measures are implemented effectively.

In response, a group of 72 municipal leaders, including Windsor city councillor Kieran McKenzie and three councillors from Chatham-Kent, signed a letter calling on the mayors to rescind their request for the clause’s use.

"The coalition calls on the Province to commit the necessary resources for evidence-based solutions to the humanitarian crisis of homelessness in Ontario," states the letter dated Nov. 22.

A version of the letter was released earlier this week and updated Friday with additional signatures.

"There's a fundamental question that I always start with — does this get you closer to the solution that you're trying to arrive at? I don't think that this brings us any closer to solving the fundamental issues of what we're dealing with," said McKenzie.

"If you disband an encampment, there's no place for them to go and no services they can access. That encampment will re-emerge somewhere else."

The notwithstanding clause, part of the Canadian Charter of Rights and Freedoms, allows the Ontario government to pass laws that override certain Charter rights, such as freedom of expression or legal protections, for up to five years.

The clause enables the government to enforce laws even if courts would normally rule them unconstitutional. While it allows swift action on contentious issues, its use is often debated due to its limits on judicial oversight of rights.

Chatham-Kent councillor Michael Bondy said his main objection to using the notwithstanding clause is that it "allows the government to suspend fundamental Charter rights."

"I don't think it should ever be used. Maybe if there was an invading army, something of that nature, something catastrophic, but not this. This is suspending people's basic rights and I'm very opposed to that," said Bondy.

Bondy said he was surprised to see Canniff's signature on the Oct. 31 letter.

"Quite often, when the mayor signs something with the municipal seal or logo, that typically is a council decision. In this case, council was not consulted," said Bondy. "I found out somewhere online that our mayor had signed on with these other mayors."

According to Bondy, homeless encampments were not visible in Chatham five years ago. Now, he said, around 20 encampments can be found across downtown Chatham.

Speaking with CTV News over the phone, Chatham-Kent Mayor Darrin Canniff said he supports using the notwithstanding clause as a "tool in the toolbox."

"No one has the solution. Everyone has a different thought of how we deal with it. Currently, what we’re doing is not working, so we need to look at other ways to help fight this problem," said Canniff.

"How do we proceed forward, knowing that everybody has a different opinion? You ask 100 people, and every one of them is going to have a different thought on how to deal with this. But we need to do something different."

Canniff said he sees the clause being used only in extreme cases.

"We need this in our toolbox. When an encampment goes somewhere it shouldn’t be, and all of a sudden businesses are going out of business because they’ve located there, that's not fair," Canniff said.

"So there’s that balance. That’s what we’re trying to find here."

Bondy's signature on the letter opposing the use of the notwithstanding clause was joined by fellow Chatham-Kent councillors Rhonda Jubenville and Alysson Storey.

“Democracies are under threat around the world. Let’s not add Ontario to the list," said Storey in the letter.

"I understand and share the frustrations of these Mayors that we need more tools to address the humanitarian crisis that is the encampment issue. But bypassing duly elected local Councillors and the opportunity for public debate is not the way."