Yesterday, Premier Doug Ford released a letter stating that he intends to create new legislation to clear homeless encampments. According to Ford, he is committed to using the Notwithstanding Clause to overturn decisions of the Superior Court of Ontario if they rule in favour of the Charter rights of homeless people.
While Ford expressed that the Notwithstanding Clause will not be embedded in forthcoming legislation — and that's in large part because of you! — using it to overturn court rulings would absolutely result in horrific human rights abuses. It would also be massive provincial overreach — Ford alone does not have the power to override the jurisdiction of the courts.
I'm extremely concerned, and I know you are too.
The Premier's letter also suggests some scary potential changes to Ontario law, including:
- Changes to the Mental Health Act, which may make it possible to seize and detain people against their will for hospitalization. While this already exists in Ontario, someone can only be detained if they are considered an immediate threat and are incapable of understanding the risk of harm. Ford may make being homeless or using drugs new criteria for involuntary hospitalization, which would be a shocking human rights abuse.
- Changes to the Trespass to Property Act, which could make it possible to arrest and imprison people who have no other option but to live on public property.
- Encampment evictions by provincial strong-arming. Ford appears to be making funding for desperately-needed homeless shelters contingent on municipalities dismantling encampments. Importantly, this is also a loophole for a 2023 Superior Court ruling in the Region of Waterloo. This ruling said that Waterloo could not evict encampments without providing enough shelter, and doing so would violate homeless people’s Charter-protected right to life.
- The criminalization of drug use in public, when we will have just passed legislation to shut down supervised consumption sites. This will push people further into back alleys and public bathrooms — including in libraries, community centres, shopping malls, and Tim Horton's — to use toxic drugs and die, and imprison people visibly using drugs in public. This is the opposite of what Ford has been saying publicly — that people need addiction treatment. Instead, we'll see them die or have coffee shop workers responding to overdoses, or see them thrown into prison.
What can you do?
TAKE URGENT ACTION
Tell Doug Ford and your MPP you OPPOSE Ford's proposed legislation (click here).
SUPPORT MUNICIPAL MOTIONS
Orillia, Guelph, St. Catharines, Chatham-Kent, Goderich, and the Region of Waterloo have committed to introducing motions opposing the use of the Notwithstanding Clause to clear encampments. Support these motions by speaking to their local Councils!
- Orillia — December 9th, 2 pm @ City Council
- Read the Motion
- Sign up to speak to Council (you will only be permitted to speak during 'Open Public Forum' — be sure to request to speak on December 9 about Orillia's position on the use of the Notwithstanding Clause!)
- Guelph — December 11th, 9 am @ City Council
Other municipal motions TBD!
And, of course, continue to share this petition and other materials!
You can watch and share this video of me live on CBC Canada Tonight speaking on Ford's letter.
And, you can also watch and share this video explainer I made of what this is all really about — covering up the Ford government's failure to build housing.
Together, we can stop this!
In solidarity,
Diana