Premier Doug Ford said that while he’s open to allowing municipalities to evict residents from encampments, he won’t support involuntary mental health hospitalizations.
He made the comments in response to a question about a request from some Ontario municipalities for the province to use the notwithstanding clause — if necessary — to allow them to deal with homeless encampments.
While the premier signalled willingness to support the cities in their efforts, he said that he “won't be sending them to the mental hospitals against their will."
A spokesperson from the premier’s office didn’t clarify in time for publication if that means the government will reject the mayors’ call for increased involuntary treatment.
The conversations around using the notwithstanding clause to overrule a 2023 Ontario Superior Court decision that determined municipalities are not able to evict people living in homeless encampments if there are no available shelter beds or other housing options for them to go started when 15 mayors in Ontario formally asked him to do so.
This court decision stemmed from a lawsuit filed by individuals living in encampments and their advocates, who argued that evictions without accessible alternatives violated their rights under the Charter of Rights and Freedoms.
Since municipalities are not required by law to provide housing (this is primarily the responsibility of provincial and federal governments), they are in a complex position where they can't evict encampments if shelter alternatives are unavailable, but they also lack the authority and funding to create adequate housing solutions.
The mayors argue that they’re struggling to keep public spaces safe and accessible and are hamstrung by the court’s restrictions.
This lack of local capacity is leading more municipalities, including Hamilton, to consider asking Ford to use the notwithstanding clause. On Wednesday, Hamilton’s city council will debate a motion urging Ford to prevent encampments in public spaces, either through the courts or with new legislation.
“We are going to support any municipality that goes to court,” the Premier added.
Ford has hinted that Waterloo Region, the municipality involved in the original 2023 court case, may challenge the decision in court again. Ford said he spoke with Regional Chair Karen Redman, who is reportedly considering another legal bid to overturn the court’s decision.
QP Briefing reached out to Redman’s office, but couldn’t get a confirmation by deadline.
“When, all of a sudden, a camp falls in place right outside of the judge’s house, you’ll see how quickly people change their minds,” Ford said.
For now, Ford didn’t say whether he will move forward with the mayors request for the use of the notwithstanding clause.