By Pam Wright
Local Journalism Initiative Reporter
Even with changes announced by the province over the handling of homeless encampments, opposition to Premier Doug Ford’s proposed use of the notwithstanding clause to clear such encampments is increasing.
At a recent Chatham-Kent council meeting, North Kent Coun. Rhonda Jubenville gave a notice of motion asking fellow councillors to oppose the province using the clause in any form, saying it tramples upon the basic human rights of Canadians. The notice of motion was expected to come before council for a vote at the Dec. 16 council meeting.
As of press time, Jubenville, along with councillors Alysson Storey, Morena McDonald and Michael Bondy have all signed a letter joining councillors from across Ontario asking Ford to forego use of the clause. The letter comes on the heels of a letter signed by 12 mayors – including Chatham-Kent’s Darrin Canniff – endorsing the premier to use the clause.
The notwithstanding clause is needed because of a decision in January 2023 by the Ontario Superior Court of Justice. Justice M.J. Valente ruled that the Region of Waterloo could not use a municipal bylaw to evict people living in an encampment in Kitchener because that bylaw was deemed to be in violation of Section 7 of the Canadian Charter of Rights and Freedoms.
A letter to the premier against using the clause signed by more than 450 people in Ontario’s legal community has also been submitted in protest.
In earlier reports, Canniff said he signed the mayors’ letter on behalf of himself, not the municipality, noting he sees using the notwithstanding clause as another “tool in the toolkit.”
Jubenville said she’s concerned about the use of the notwithstanding clause because she is a “firm supporter and believer” in the Canadian Charter of Rights and Freedoms.
The councillor said she’s concerned that the rights of those who live in homes outweigh those of Canadians who exist without one.
“I think it is a very slippery slope,” Jubenville told The Voice.
Storey has also expressed her misgivings and the tone of Ford’s comments regarding the clause.
“I’m uneasy with that type of messaging and where it might be leading,” Storey said. “We cannot bypass local democracy to suspend Charter rights. I understand and share the frustration and concern of elected officials from across Ontario about encampments in our communities. It’s a stark reminder about the lack of attainable housing, the lack of access to mental health services and lack of addiction services.”
Chatham Coun. Michael Bondy, who studied the notwithstanding clause concept in university, said using the clause is a “massive overreach.
“I pray it doesn’t happen,” Bondy explained. “We don’t need to eliminate any of our charter rights.”
