Skip to content

No to notwithstanding clause, says small group of Ontario councillors

Forty one across Ontario say mayors should rescind letter sent to Premier Doug Ford and look for 'evidence-based solutions' to homelessness and encampments
stgeorgesencampment1
The encampment formerly set up in St. George's Square.

A group of municipal and regional councillors across the province are calling on mayors to go back to the drawing board in its request to the province to address homeless encampments.

Guelph Ward 1 Coun. Erin Caton is one of 41 municipal and regional councillors in the province, representing 23 communities, signed on to the two-page document. 

It says the 15 Ontario mayors need to rescind the letter it sent to Premier Doug Ford calling for the use of the notwithstanding clause, and look for “evidence-based solutions to the humanitarian crisis of homelessness and encampments in Ontario."

The notwithstanding clause would allow for legislation to be protected from constitutional challenges.

“No municipality should be above the law, and we are sworn to uphold democracy and human rights as councillors,” the letter reads.

It added concern that councillors in the named municipalities – including Guelph – were not consulted before the letter was made public on Oct. 31. 

The councillors say they are elected to represent constituents, but can’t do that if they are not given the chance to provide input and debate.

It added the letter sent to Ford was a break within the Big City Mayors caucus and its 29 municipalities.

“The caucus did not support the use of the notwithstanding clause in the final draft of its motion requesting support for addressing homelessness and encampments from the Premier,” the councillors’ letter said.

“As well, the Association of Municipalities of Ontario (AMO) – which represents 444 municipalities — released policy recommendations advocating for evidence-based and effective solutions that address the root causes of homelessness, including investing in deeply affordable and supportive housing.

“They did not name the use of the notwithstanding clause.”

The encampment set up in St. George's Square over the last several months was removed last week.