Four London councillors join coalition against using notwithstanding clause to clear encampments

Forty-one municipal councillors across Ontario have come together to speak out against the potential use of the notwithstanding clause to clear homeless encampments.

The notwithstanding clause, also known as Section 33 of the Charter of Rights and Freedoms, gives provincial legislatures or parliament the ability to override certain portions of the Charter for no more than five years.

Recently, 15 mayors sent a letter to Premier Doug Ford asking him to consider using the notwithstanding clause to permit the removal of encampments even though it may violate the rights of people living unhoused.

London Mayor Josh Morgan did not sign the letter.

On Monday morning, a coalition of 41 councillors from 23 communities published their own letter, calling for “evidence-based solutions to the humanitarian crisis of homelessness and encampments in Ontario.”

London Councillors Hadleigh McAlister, David Ferreira, Skylar Franke, and Sam Trosow signed the letter, asking the mayors to rescind their request.

“This is a solvable problem without having to change constitutional rights,” explained Trosow, a Law Professor Emeritus at Western University. “It's just a question of political will to provide the funding that's necessary to get people out of encampments in a way that is in compliance with our Human Rights obligations.”

CTV News reached out to the premier’s office about the newly formed coalition against use of the notwithstanding clause.

“We have been clear that we will explore every legal tool available to the province to clear encampments and restore safety to public spaces. While cities remain at the forefront of issues relating to municipally owned lands, we are examining which additional tools the province can provide to help municipalities effectively manage these ongoing challenges,” a spokesperson said in a statement.

The provincial government also made note of its investment of over $3 billion over the next three years to be put towards homelessness prevention, including addiction and recovery hubs.