PC Leader Doug Ford open to notwithstanding clause to address homeless encampments

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PC Leader Doug Ford said he is “absolutely” open to moving forward with legislation proposed in December to give municipalities more powers to deal with homeless encampments in their communities and even invoking the notwithstanding clause if necessary.

It’s something Barrie Mayor Alex Nuttall and other municipal leaders have called for.

Ford’s comments come as his government’s Safer Municipalities Act, introduced to address encampments and public drug use, was shelved following his decision to call a snap election for February 27.

Answering a question during a campaign stop, Ford expressed his frustration with the federal government approach to homelessness and drug use, taking particular aim at federally funded safe supply programs.

“People are tired of this,” Ford said.

“They’re tired of the so-called safe supply sites of the federal government distributing drugs all over our province. You wonder why we have a drug problem, and the federal government’s feeding the drug addicts, and the drugs are getting onto the streets, and they’re reselling them. That’s number one, the safe injection sites. They’re terrible. They need to go,” he added.

Ford said that his government has invested over $500 million into creating addiction hubs that provide detox beds, rehabilitation services, shelters, and job opportunities.

“We’re going to continue moving along that line and support our municipalities, because they’re done with all this stuff,” he added.

Ford’s stance aligns with requests from Ontario municipal leaders who have pushed for increased authority in addressing these encampments.

In October, 16 mayors — led by Barrie’s Nuttall — sent a letter to Ford’s office urging the province to grant municipalities additional powers, including the potential use of the notwithstanding clause, to prohibit encampments, enhance mental health care, and impose stricter penalties for repeat trespassers.

The Ford government responded with the Safer Municipalities Act, which proposed harsher penalties for repeat trespassers and expanded police powers to dismantle encampments.

The legislation also sought to criminalize continuous trespassing as an aggravating factor in sentencing and would have allowed for higher fines and possible jail time for individuals using illegal drugs in public spaces.

However, with the dissolution of Ontario’s legislature to pave way for the election, the bill is now effectively shelved, leaving municipalities without the additional powers they had requested.

Opposition leaders have been quick to criticize Ford’s approach. Ontario NDP Leader Marit Stiles has ruled out the use of the notwithstanding clause to remove encampments, saying that tackling homelessness requires housing solutions, not legal penalties.

“Yesterday we announced that we’re going to end encampments by addressing the issue of homelessness with homes,” Stiles said.

Ontario Liberal Leader Bonnie Crombie has ruled out the use of the notwithstanding clause to dismantle homeless encampments, saying she does not believe that “overriding constitutional rights” is the solution to addressing homelessness.

“The answer to homelessness is housing, not legal loopholes,” she said.

“With respect to the notwithstanding clause, no, I do not support it in that instance. We need a plan for people who are homeless. We need somewhere to put them.”

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