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Canniff Supports Motion Opposing Use Of Notwithstanding Clause

Photo credit: Chris Taylor.

Chatham-Kent Mayor Darrin Canniff has changed his stance on the use of the notwithstanding clause to address homeless encampments in Ontario.

During Monday night’s council meeting, council and the mayor voted unanimously in favour of opposing any use of the notwithstanding clause by the provincial government to evict or displace homeless residents from encampments.

The motion, tabled by Councillor Rhonda Jubenville, was made in response to Premier Doug Ford introducing new “enhanced legislative powers” earlier this month aimed at dismantling encampments in Ontario municipalities. Ford also promised to use the notwithstanding clause to circumvent any legal challenges that interfere with the province’s legislation.

The notwithstanding clause allows governments to override certain Charter rights for up to five years.

Mayor Canniff was one of 13 mayors who initially wrote to Ford in October, asking for more provincial support to address the growing issue of homeless encampments in Ontario. The letter also supported the use of the notwithstanding clause.

While he initially defended the move in a previous meeting, Canniff called the letter a “distraction in our community” on Monday and cited the need for provincial funding to deal with encampments.

Canniff said he, like many residents, is frustrated with the lack of resources being offered.

“I think we really need to push forward in saying we need help and lots of it. Unfortunately, that is not going to happen anytime soon… This crisis will be getting a lot worse,” he said. “We need to really focus on how we get more money from the government for this.”

As part of Jubenville’s motion, CK administration will now distribute council’s position to the Ontario government, the Attorney General, the Minister of Finance, the Minister of Health and the Association of Municipalities of Ontario.

“Let’s send a message to the province that we are not willing to take human rights away from people who are already experiencing life at its most vulnerable state,” said Ward 1 Councillor Melissa Harrigan.

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