By Pam Wright
Local Journalism Initiative Reporter
Mayor Darrin Canniff has joined his council in opposing the province’s use of the notwithstanding clause to clear homeless encampments.
The mayor, who was among 13 Ontario mayors who signed a letter endorsing the use of the clause in a letter to Premier Doug Ford in the fall, publicly changed his stance at the Dec. 16 council meeting.
Instead, Canniff agreed to send a letter on behalf of the municipality opposing the use of the clause, following a motion by North Kent Coun. Rhonda Jubenville.
The motion, which passed 13-0, also calls on the province to step up with additional funds and programs to help address problems associated with homelessness and mental health and addictions.
Jubenville said she couldn’t support using the notwithstanding clause to take down encampments as it would clearly violate an individual’s rights under the Canadian Charter of Rights and Freedoms and exacerbate the problem.
Jubenville said that in her role as an elected official she could never support invoking the notwithstanding clause because it negates the rights of citizens “whether they are homeless or if they are millionaires.
“If we start to pick and choose when we enact the notwithstanding clause, it will surely backfire on us eventually, when it is aimed at you and I,” she said. “It’s a slippery slope I am not willing to go down because I am not willing to give up my own rights and freedoms or those of other Canadians.”
Chatham councillors Alysson Storey and Brock McGregor also spoke against using the clause, each calling it a “distraction” from the real problem.
Canniff agreed the debate on the clause is a distraction from the issues posed by encampments.
He said he’s grown frustrated by the problems associated with encampments, including the unwelcome pressures neighbours have to deal with.
“I’m totally frustrated with the lack of resources we’ve been given, so I was getting desperate,” the mayor said. I’m saying we need to do something.”
Canniff added that he was looking at the notwithstanding clause as a last resort, noting there were “no tools” to assist with the rights of the people living near the encampments.
According to the mayor, Chatham-Kent’s taxes went up two per cent to deal with issues that have been downloaded by the province.
“We really need to push forward. We need help and lots of it,” he added, noting the homelessness crisis will deepen and the focus has to be on getting more money from the province.
Jubenville thanked the mayor for changing direction.
“I’m happy you changed your mind on that,” she said. “Thank you for doing that. It’s nice that we’re all unified on this, I hope.”
Ford has also announced new legislation to toughen up the rules around encampments including beefed up drug enforcement by police, as well as fines for rule breakers of up to $10,000 and/or six months in jail.
In commenting about the proposed new rules, Storey said incarcerating the homeless isn’t fiscally responsible.
According to statistics presented by Storey, Ontario’s Auditor General states that a shelter bed in Canada costs about $2,100 per month; a long-term care bed costs $3,960; a bed in a jail or correctional facility is $4,300 a month, while an acute care hospital bed is $13,500.
