The war of words over measures to clear homeless encampments rages on.
450 members of Ontario’s legal community have written to Premier Doug Ford, denouncing his proposal to use the notwithstanding clause to strip constitutional rights from vulnerable groups, including those experiencing homelessness, mental health challenges, and substance use issues.
The issue arose in October when a group of Ontario mayors, including Chatham-Kent Mayor Darrin Canniff, wrote to the Premier, calling on the government to use the notwithstanding clause to pass legislation to help them handle encampments and addiction issues in their respective communities.
Dozens of municipal leaders, including several Chatham-Kent councillors, fired back shortly after, urging the province to instead commit the necessary resources for evidence-based solutions to the homelessness crisis.
In the most recent volley, members of the legal community say the proposal is an unprecedented misuse of the Canadian Charter of Rights and Freedoms, and would deprive vulnerable populations of their fundamental rights, including rights to life, security of the person, and protection from discrimination.
“The notwithstanding clause was never intended to be used to deprive vulnerable groups of constitutional protection,” the letter reads. “It was to be rarely, if ever invoked, and for the opposite purpose. The notwithstanding clause was to operate as a safety valve in the exceptional event of a judicial decision that was clearly contrary to the public interest.”
The group calls on the provincial government to respect the Charter and uphold the constitution’s promise of equal protection and benefit of the law to everyone in Ontario, without exception.
