Premier Doug Ford wants Ontario's largest municipalities to ask him to use the notwithstanding clause to pass legislation to address homeless encampments while shielding them from legal challenges for violating the Charter of Rights and Freedoms.
"I have an idea: why don't the big city mayors actually put in writing that they want the province to change the homeless program, make sure that we move the homeless along, and why don't they put in, 'Use the notwithstanding clause,' or something like that," said the premier during a press conference on Tuesday.
"That's what they should be doing. Rather than just kind of going up to the edge. Let's see if they have the backbone to do it if they really want the homeless situation to improve."
Ford's comments are aimed at the Ontario Big City Mayors (OBCM) caucus, which earlier this month watered down a motion put forward by Barrie Mayor Alex Nuttall and Bradford Mayor James Leduc calling on the province to use the notwithstanding clause to allow individuals living in encampments with severe mental illnesses or addiction to be forced into treatment.
Instead, the OBCM stripped out language calling for the use of the notwithstanding clause and instead asked for a review of mental health laws to determine if an expansion of involuntary treatment is necessary.
This is not sufficient for the premier, who said that if the mayors "want something done," they will have to ask the province in writing to show "they are 100 per cent behind us."
"You can't put your butt on both sides of the fence — you'll get a lot of slivers. You don't sit there and say 'Well, let's see if the province is going to do it.' Guys, you are either going one side or the other," said Ford.
Ford said that he "asked the big city mayors" to put forward a plan for dealing with encampments that would avoid a repeat of the 2023 Ontario Supreme Court decision that forbade the Region of Waterloo from evicting a homeless encampment after determining the municipal bylaw violated the inhabitant's charter rights to life and security of the person.
Waterloo did not appeal the decision, and Ford predicted that similar rulings are "more than likely" to hamper efforts to disband homeless encampments in the future unless municipalities create a plan to avoid it.
"Don't get slivers. Make a decision and stand by your decision," said Ford.
"Everyone that I talk to can't stand these encampments. They pop up in a park, they ruin the neighbourhoods, and they shouldn't be there. Simple as that."
Asked if Ford had any hand in creating the motion introduced at the OBCM, Nuttall would only confirm that he and the premier have spoken "a number of times about this issue, and we are in agreement that now is the time for action."
The Canadian Civil Liberties Association (CCLA) has denounced the proposed use of the notwithstanding clause to solve encampments and mental health issues, calling it an "obvious attempt to prevent courts from invalidating proposed initiatives where they violate Charter-protected rights."
"The notwithstanding clause was never intended to be used – and should never be used – to weaken or harm legal protections for marginalized and vulnerable communities," said CCLA director Harini Sivalingam earlier this month.
Back at the legislature on Monday, opposition parties noted that this is just the latest instance of Ford looking to use the notwithstanding clause.
"Wow, that's worked really well for him in the past," said NDP MPP Leader Marit Stiles sarcastically, referring to the back-to-work legislation that the PCs passed using the clause in 2022, only to have to repeal it after nearly causing a general strike.
Liberal Leader and former Mississauga Mayor Bonnie Crombie said she thinks that "mayors know better" than to call for the use of the notwithstanding clause.
"And I think the premier has tried that line of action previously and didn't have any success. I think he knows better," she told reporters.
"Every time, again, he's asked to step forward, to take some responsibility, to be accountable for the mess that he has created, what does he do? He threatens people using the notwithstanding clause. He punches down. He takes cheap shots. He never, ever takes true responsibility or accountability."
