Mayor, council opposes notwithstanding clause to address homeless camps

After previously expressing support for the measure as a last resort, Chatham-Kent’s mayor has joined councilors in opposing use of the notwithstanding clause to address homeless encampments.

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North Kent Coun. Rhonda Jubenville won support for her motion Monday asking council to denounce the measure.

In November, Chatham Coun. Alysson Storey called out Mayor Darrin Canniff for joining 11 other Ontario Big City Mayors group members in signing a letter asking the province to invoke the clause, where necessary, as a tool to deal with the issue.

The notwithstanding clause – Section 33 of the Canadian Charter of Rights and Freedoms – allows provincial or federal governments to override parts of the charter for five years.

“It’s a slippery slope that I am not willing to go down,” Jubenville said in her opening remarks.

Her motion asked that Chatham-Kent opposes using the clause in connection with any legislation to “facilitate the eviction or displacement of encampment residents.”

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It also affirmed that all individuals, regardless of their housing status or personal circumstances, are entitled to full protection of their charter rights.

Canniff, who voted for Monday’s motion, admitted he was frustrated when he signed the mayoral letter, given the lack of resources municipalities have.

“I was getting desperate,” he said. “Moving forward, I don’t want this distraction of the notwithstanding clause.”

Jubenville said those in homeless camps need treatments and help finding suitable housing.

“Removing these persons from encampments will take away their access to life, liberty and personal security,” she said. “It will only mask the problem municipalities are being faced with.”

The motion also called on the province to work with municipalities to address the root causes of homelessness and carry more of the financial burden. It will be sent to the Ontario government, attorney general, finance and health ministries and municipal organizations.

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West Kent Coun. Melissa Harrigan applauded Jubenville’s motion, calling it a human rights approach to the crisis.

“Let’s send a message to the province that we’re not willing to take human rights away from people who are already experiencing life at its most vulnerable state,” she said.

Chatham Coun. Alysson Storey expressed similar sentiments.

“It’s that interesting this issue has galvanized members of this council from across the political spectrum,” she said. “I think you know when something is a terrible idea, when so many of us with different political beliefs can unite to share our concerns about it.”

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