City council flipped the mayor's script and expressed its formal opposition to the use of the notwithstanding clause, as well as its support for the Solve the Crisis Campaign during Wednesday's special council meeting.
In October, Mayor Cam Guthrie was among several mayors who signed a joint letter calling on the provincial government to protect municipalities that remove encampments from court challenges under the Charter of Rights and Freedoms by using the notwithstanding clause.
On Wednesday, Coun. Erin Caton brought forward a motion that council formally oppose the use of the notwithstanding clause, to oppose the use of force in involuntary treatment, and that a letter be sent to the Association of Municipalities of Ontario, Ontario Big City Mayors and 12 municipalities in the 13 mayor request letter regarding Guelph council’s opposition.
From Caton’s perspective, using the notwithstanding clause puts the city on the wrong side of the Charter.
“What does that say about our values? This isn’t about our public space use bylaw, but about every municipality being above the law,” Caton said.
A number of delegates came to express their support for the motion, including Diana Chan McNally from The Shift, a global organization working to secure the right to housing for all.
“This request was made with seemingly little thought,” she said. “Also without engaging in local democratic processes. It isn’t within legislated strong mayor powers for any mayor to bypass council in making significant decisions. The request would violate the rights of vulnerable people.”
She said council should be concerned it wasn't consulted, and that use of the notwithstanding clause won’t solve the problem of homelessness or encampments.
“Human rights are not contingent on your housing status. Everyone has human rights, or no one does.”
Brad Evoy from the Disability Justice Network of Ontario called the use of the notwithstanding clause a “constitutional sledgehammer” that “threatens your ability to govern yourselves effectively.”
“The question before you then (is) what do you value more, the rights of all Ontarians and Guelphites, or the comfort of some business owners, home owners and NIMBY’s, when it comes to dealing with the problems on the table here?”
Other delegates expressed similar thoughts, and Coun. Leanne Caron said she recalled feeling shock and disappointment when she heard Guthrie had signed the letter on behalf of the city.
“We, as a council, are not in favour of the notwithstanding clause,” she said.
The first item passed with Guthrie, Coun. Michelle Richardson and Coun. Christine Billings voting against. The third item passed unanimously, and the second was tabled for future discussion.
Guthrie said he will “respect the decision of council,” but maintain his personal opinion, adding that if an encampment takes over a space like a playground or splash pad, “we should be able to move it.”
“I will never ever back away from trying to keep our community spaces safe for everybody, and trying to bring some public order back to this situation that we are all frustrated (about),” he said.
He added he believes the letter helped “move the dial,” and that an announcement is expected from the Ford government regarding legislation tomorrow.
“If there is praise warranted tomorrow, then I would thank myself and the other mayors (who signed the letter).”
