London's mayor urges being 'open' to Ontario plans for tougher encampment, drug use rules amid some pushback

Some councillors, including 3 in London, question use of notwithstanding clause

Image | Pool decision

Caption: Coun. Skylar Franke and Mayor Josh Morgan are shown at a council meeting in London, Ont., in 2023. This week, Morgan applauded Premier Doug Ford's efforts, which may involve use of the notwithstanding clause if courts interfere, to address encampaments and drug use. Franke says 'dangling the notwithstanding clause is not helpful for anyone.' (Andrew Lupton/CBC News)

London's mayor applauded Ontario Premier Doug Ford's plans for new legislation that's expected to crack down on homeless encampments, increase funding for shelter spaces and give police new tools to combat open drug use.
Mayor Josh Morgan took to social media to say the announcement this week strikes a balance in recognizing the need to keep public spaces available for everyone, while offering supports for people struggling with addiction and homelessness.
"When we see the details, we'll be able to understand it a lot better, so I would suggest people be very open to this, not jump to a bunch of conclusions," said Morgan in an interview with CBC. "... If we can solve all these things, we're finally on the right track of trying to give people the care they need, but also create the public safety ... that people have been looking for for some time."

Image | Mayor Josh Morgan

Caption: Morgan, shown after a coucil meeting Nov. 27, spoke to CBC this week about Ford's plans to address encampments and drug use. 'When we see the details, we'll be able to understand it a lot better,' says the mayor. (Matthew Trevithick/CBC News)

On Thursday, Ford wrote to 12 mayors who asked him for tougher laws on encampments.
The premier's letter said the province will provide the tools to help municipalities clear the sites and crack down on public drug use, and that there would be more funding for shelters.
The letter included Ford's pledge to use the notwithstanding clause, which was requested by the 12 mayors, if courts tried to interfere with encampment removals.

'Dangling the notwithstanding clause is not helpful'

However, there's been pushback from some municipal councillors — including three from London — who disagree with use of the clause. It allows lawmakers to override court decisions that prevent them from implementing laws due to Canada's Charter of Rights and Freedoms.
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"Dangling the notwithstanding clause is not helpful for anyone — just another example of provincial overreach, in my opinion," London Coun. Skylar Franke said. "We've seen it recently with the bike lane announcement(external link). We're seeing this as well."
She added, however, that she welcomes the province saying it's willing to put money into shelter funding and treatment.
"I think it's good news ... That is actually their jurisdiction and not municipal jurisdiction, so I am glad to hear that offer is on the table and I hope that the amount of funding they'll provide will be sufficient to actually meaningfully address the issue," Franke said, adding the number of shelter beds in London is about half of what's needed.

Mayor says 'a balanced approach' is needed

Morgan said Ford's announcement, although it doesn't contain exact details of possible legislation, uses language that makes him confident the notwithstanding clause wouldn't be used.
The announcement also builds on the requests relating to dismantling encampments in a meaningful way, he added.
"He's left the door open to some tools that I particularly have not been supportive of, because I've been supportive of actually trying to solve the problem," Morgan said.
He said the addition of extra shelter supports would mean people cleared from encampments would likely get housing elsewhere.

Image | Skylar Franke

Caption: Franke, councillor for Ward 11, is shown at a city hall meeting in February 2023. (Colin Butler/CBC News)

Morgan also expressed support for Ford's comments on introducing more tools and tougher rules that police can use to fight open drug use, as a statement also said the legislation would prioritize rehabilitation over incarceration.
"We don't think everybody who is using drugs should be going to jail or incarcerated, but we do need to take those drugs off of our streets in some way," said Morgan. "A balanced approach here is necessary."
Morgan said he plans to get in touch with the Ford government to advocate for London in securing as much shelter funding as possible.
"The best time to influence or tweak legislation is before it's actually finalized and put on the floor for vote and debate. Now that the premier has written and said that he's going to move in this direction ... it's really critical for those who want to understand it and potentially influence it to to be there and at the table."