Premier Ford says his government will introduce legislation to dismantle homeless camps, and he is ready to use the "Notwithstanding Clause" to stop any court challenges that might come up, as requested by 12 mayors from the Big City Mayors caucus.
The government will be also prohibit drug use in public spaces and enhance penalties for repeat offenders.
The premier said he is willing to use the notwithstanding clause in court cases that decide against eviction of homeless encampments.
This includes the province becoming an intervenor in any court case that restricts the ability of municipalities to regulate and prohibit encampments, "so long as the approach you pursue is aligned with provincial best practices."
Some mayors in Ontario had publicly requested the province to do so in a letter in October, as QP Briefing first reported.
The effort was coordinated by the Mayor of Barrie, Alex Nuttall, who put together the letter collectively signed by 11 big city mayors, after the premier said he would move forward with their request if the mayors formally ask for it.
In an email signed by Premier Ford obtained by QP Briefing, Ford thanks the mayors for their letter and reassures that he “shares their concerns.”
“That's why we are acting to put an end to the public disorder, drug use and trafficking and loss of public space that have resulted from the widespread growth in encampments. These are serious problems that are impacting communities across Ontario, with people rightly demanding action. Enough is enough.”
The premier also said that the province “is finalizing the details of new initiatives, including enhanced legislative powers, that will be responsive to your requests.”
The email says the new legislation will include:
- Greater service manager accountability and alignment with provincial and local priorities.
- Additional funding to create more capacity in our shelter systems, supplying the new accountability measures to ensure these funds support dismantling encampments.
- Explicitly and unequivocally prohibiting the use of illicit drugs in public, with new tools and authorities to help police enforce this prohibition.
- Enhanced penalties for people who deliberately and continually break the law. New approaches to treatment and rehabilitation that prioritize pathways to recovery over incarceration in the cases of minor and non-violent drug-related crimes.
"I am confident that the legislative authorities the province is preparing are common sense, practical and entirely aligned with the Charter of Rights and Freedoms, especially for the law-abiding residents who simply want to enjoy the benefits of their local public spaces," the email read.
While the premier said he does not anticipate needing the clause proactively, he assured the mayors that it remains on the table if courts challenge the new rules.
“If the courts interfere with our shared goal of effectively addressing and clearing out encampments, our government is fully prepared to use the notwithstanding clause,” Ford said.
Mayor of Barrie Alex Nuttall told reporters that he is thrilled about the province’s move.
"The proposed legislation shows that the province is listening to our concerns," he said.
“After requesting for a couple of months that the provincial government make changes to allow for municipalities to regulate encampments and to remove encampments that are stopping children from using parks, I am incredibly encouraged by the premier's letter today announcing that legislation is forthcoming and that if the use of notwithstanding clause is required, that the provincial government is in fact prepared to use it to ensure that our municipalities stay safe,” he added.
Residents in many communities in the GTA have expressed frustration over the impact of encampments on parks and playgrounds. Concerns about safety, such as children encountering needles or other hazards, have intensified calls for action," Nuttall said.
The legislation will be proposed next week, when more details will be unveiled. The government will have only four days to pass it if they want it to be in place before the holidays, and it will be led by the Ministry of Municipal Affairs and Housing.
It would include new funding to increase shelter beds for for municipalities that move forward to dismantle the encampments.
“We will give resources to our municipal partners to ensure that we can have public safety but at the same time, we understand that those who are in encampments by and large from mental health and addiction and we’ll be providing additional resources to that as well,” Minister of Housing Paul Calandra said.