Province will 'always be there' for Guelph and Cambridge as they clear encampments, premier says

Premier Doug Ford says he will "always" stand with Guelph and Cambridge when it comes to how the municipalities manage encampments of people who are homeless, but stopped short of saying he'd use the notwithstanding clause to do it.

Guelph Mayor Cam Guthrie and Cambridge Mayor Jan Liggett have both signed a letter, along with other Ontario mayors, asking the province to use the notwithstanding clause to help them clear encampments.

The mayors say the clause is necessary because of a court ruling that said the Region of Waterloo could not use a bylaw to clear an encampment on regional property in Kitchener until there were enough shelter beds for everyone in the encampment. To do so would violate Section 7 of the Canadian Charter of Rights and Freedoms because it went against the rights to life, liberty and security of the person for those living in the encampment, the ruling said.

The notwithstanding clause is in Section 33 of the Charter and allows governments to temporarily override other sections of that document.

The mayors signed the letter in response to Ford telling them to send him a letter explicitly asking him to use the notwithstanding clause if that's what they wanted him to do.

WATCH | Is the notwithstanding clause a tool to address homelessness? Some Ontario mayors think so:

Is the notwithstanding clause a tool to address homelessness? Some Ontario mayors think so

2 months ago

Duration 8:47

Thirteen Ontario mayors are asking Premier Doug Ford to use the notwithstanding clause so they can clear homeless encampments in their cities. Guelph Mayor Cam Guthrie is one of the mayors making this plea to the premier. He explains why he feels this is necessary.

During a press conference on Friday in Hamilton, Ford said his government has given more than $700 million to help municipalities deal with homelessness.

"I'm there to support the towns and the cities that want to remove them. I'll give you an example: Guelph and Cambridge. They went in there, they moved the encampments. They have places for them to go. I know the mayor's working really hard to find homes for them as as well," Ford said.

He acknowledged receiving the letter from the mayors asking him to use the nothwithstanding clause, but would not say if he'd use it.

"Let's see what happens. We will always be there for Guelph and Cambridge. If they get challenged in court, the province will be right there with them supporting him in court," Ford said.

On Nov. 13, Guelph bylaw officials enforced a new public space use bylaw and told people who had been living in an encampment in St. George's Square in the city's downtown they had to move. Some moved to nearby parks where, under the bylaw, they are permitted to put up a tent while others were offered spaces in city shelters.

An encampment in Cambridge was cleared the same week.

A letter signed by more than 40 municipal councillors from across the province on Monday, including several from Guelph and Waterloo region, asked Ford not to use the notwithstanding clause. The councillors also called on the mayors who signed the original letter to rescind their request.

"As individual councillors in our respective municipalities, we know that Ontario municipalities are facing a humanitarian crisis that is affecting all of us. We see it every day in our communities," the letter says.