By Ron Anicich
Dozens of municipal councilors across Ontario have publicly opposed a controversial letter from 13 Ontario mayors to Premier Doug Ford requesting the use of the notwithstanding clause to override court decisions on encampment regulations.
The mayors’ October 31 letter sought provincial intervention to “[intervene] on any court case that restricts the ability of municipalities to regulate and prohibit encampments,” even when alternative shelter options are unavailable. This request follows a 2023 Ontario Superior Court ruling that struck down the Region of Waterloo’s encampment bylaw, with Justice Michael J. Valente finding it violated residents’ Charter-protected rights due to insufficient shelter availability.
The responding councilors highlighted several issues with the mayors’ approach. Many were not consulted before their mayors signed the letter, undermining their ability to represent constituents through proper democratic debate. They emphasized that municipalities should not override fundamental human rights and constitutional protections, particularly for vulnerable populations.
The letter also breaks ranks with broader municipal consensus. The Ontario Big City Mayors (OBCM) caucus, representing 29 municipalities, did not support using the notwithstanding clause in their final motion on addressing homelessness. Similarly, the Association of Municipalities of Ontario (AMO), representing 444 municipalities, advocates for evidence-based solutions targeting root causes of homelessness.
Inadequate income support a root cause of homelessness
Municipal governments across Ontario have increasingly recognized that addressing homelessness requires tackling its root causes, particularly inadequate income support. Many municipalities have advocated for at least doubling social assistance rates, recognizing this as a proven solution to prevent and reduce homelessness.
Current social assistance rates in Ontario leave recipients far below the poverty line, making it virtually impossible to afford housing in most communities. Research has shown that increasing these rates significantly reduces homelessness by enabling people to maintain stable housing and meet basic needs.
The AMO’s policy recommendations emphasize investing in deeply affordable and supportive housing alongside adequate income support. This approach aligns with evidence showing that combining increased social assistance with housing investments effectively reduces homelessness and provides long-term stability for vulnerable residents.
Maintain democratic processes while protecting human rights
The councilors request that the mayors’ letter be rescinded in favour of proven solutions that respect both human rights and democratic processes. Their response emphasizes that addressing homelessness requires comprehensive strategies that tackle root causes rather than seeking to override constitutional protections.
This dispute highlights the complex challenges Ontario communities face in addressing homelessness while maintaining democratic processes and protecting human rights. As municipalities grapple with these issues, evidence increasingly points to the effectiveness of adequate income support and affordable housing investments over enforcement-based approaches.
The significant number of councilors opposing their mayors’ position – 41 as of this writing, with signatories from diverse communities across Ontario – suggests growing recognition that sustainable solutions to homelessness must address systemic issues while respecting constitutional rights and human dignity.
[Photo: Social Planning Research Council of Hamilton]
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