Municipality of Chatham-Kent Council voted unanimously in opposition of the use of the notwithstanding clause to remove encampments on public property.
The motion was tabled by North Kent Councillor Rhonda Jubenville, which provided the following direction:
– The Municipality of Chatham-Kent opposes the use of the notwithstanding clause by the Government of Ontario in connection with any legislation that would facilitate the eviction or displacement of encampment residents.
– The Municipality of Chatham-Kent affirms that all individuals, regardless of their housing status or personal circumstances, are entitled to the full protection of their Charter rights.
– The Municipality of Chatham-Kent calls upon the provincial government to work with municipalities to address the root causes of homelessness while upholding our citizens fundamental Charter rights.
– That the provincial government carry more of the financial burden currently putting immense pressure on municipal budgets.
“Mayors from several Ontario municipalities have recently petitioned the Premier of Ontario to invoke the notwithstanding clause in relation to proposed measures addressing mental health, addiction, and homelessness,” Jubenville said in her motion.
“The notwithstanding clause is designed to suspend the application of the Canadian Charter of Rights and Freedoms (and) the Charter is intended to protect the fundamental rights of all Canadian citizens, without exception. Section 7 of the Charter guarantees everyone the right to life, liberty and security of the person, and the right not be deprived thereof except in accordance with the principles of fundamental justice.”
Jubenville added: “The application of Section 7 of the Charter to issues concerning encampments and individuals living in temporary shelters was affirmed in the decision of Justice Valente in the Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, 2023 ONSC 670.”
Last week, the Ontario government announced they are introducing legislation, that will, if passed, better protect community safety by providing municipalities and police with new resources and enforcement tools to address the growing problem of homeless encampments and crack down on illegal drug use in parks and public spaces.
Provincial officials say Ontario is also investing $75.5-million to further support homelessness prevention and provide people living in encampments with access to reasonable alternative accommodation.
This is in addition to the province’s ongoing $700-million investment in homelessness prevention programs each year, as well as the $378-million the province is investing in 19 Homelessness and Addiction Recovery Treatment (HART) Hubs.
“Mayors and residents from communities across Ontario have been clear that enough is enough when it comes to encampments and illegal drug use in our parks and public spaces,” said Premier Doug Ford, in a media release.
“Families deserve to enjoy their local parks and playgrounds without fearing for their kids. People facing homelessness or addiction and mental health challenges should be supported in the right settings. The federal government’s approach of legalizing dangerous drugs for use in our communities has failed and it needs to end.”
Read out full story, here.
In a written response to Jubenville’s motion, and prior to the Ontario government announcement last week, Dave Taylor, director of legal services, and Josh Myers, director of housing services, wrote that the Municipal response to encampments and homelessness response is based on a human rights approach.
“Prioritizing the dignity of all citizens,” Taylor and Myers wrote.
“There are a number of human rights considerations that need to be contemplated when dealing with unhoused citizens. Removal of encampments is a last resort and the focus will continue to be on engaging with unhoused persons to offer supports. There is no easy solution to these complex social issues.”
Taylor and Myers added homelessness and encampments continue to grow and are the result of several systemic failures including:
– A lack of affordable housing
– Frozen social assistance rates
– Insufficient mental health and addiction treatment services
– Limited accessible emergency shelter space
– A broader lack of affordability for basic needs
– Insufficient resources at a municipal level to address these issues.
“The current encampment protocols are working to strike a balance between those living in encampments and that of the rest of the community,” Taylor and Myers wrote.
“Until the above systemic failures are adequately addressed, it is expected that the dismantling of current encampments will result in new encampments appearing in other public areas.”
