London councillors join call against using notwithstanding clause to evict homeless camps

Several London city councillors are joining a coalition calling for Ontario mayors to reconsider a request urging Premier Doug Ford to invoke the notwithstanding clause to allow municipalities to shut down homeless encampments.

A judge ruled last year that municipal bylaws can't be used to evict people from encampments, if there is a lack of shelter spaces. If the notwithstanding clause is invoked, that ruling could be bypassed.

Ford had called on Ontario mayors at the end of October to demand that he use the notwithstanding clause to pass legislation that would give them more tools to deal with homelessness. 

"I have an idea: Why don't the big city mayors actually put in writing that they want the province to change the homeless program, make sure that we move the homeless along, and why don't they put in: 'Use the notwithstanding clause,' or something like that," Ford said at the time. 

Thirteen mayors, excluding London's Josh Morgan, signed a letter demanding just that. 

Then, on Monday, 41 councillors from 23 municipalities responded asking mayors to consider the ramifications of using the notwithstanding clause to deal with encampments.

"The notwithstanding clause isn't very helpful, it just violates people's human rights, it doesn't solve the issue," said Ward 11 Coun. Skylar Franke. "What we actually need is funding for encampments, for social services, for rehabs, we need increases in social assistance ... we need them to actually step up and take responsibility for helping address homelessness."

Ward 1 Coun. Hadleigh McAlister echoed Franke, saying the move would force those living in tents to seek refuge outside the city.

"I think it would push people right to the edge of the cities, if not that, just literally push them into the county," he said. "I think you'd see a lot of conflict, especially with London, between Oxford, Middlesex and Elgin.

McAlister said a lack of action from the province has left municipalities with no choice but to come up with their own plans for tackling the crisis.

"The calling for the use of the notwithstanding clause is really rooted in that 'move people along' policy," said Ward 13 Coun. David Ferreira. "It's very punitive and it will criminalize behaviours associated with homelessness. It doesn't address the major systemic gaps that cause and amplify homelessness. So in the end, it will result in no change."

Federal funding for homelessness not matched by province

On Friday, the federal government announced $5 million to help with London's homelessness crisis, funding the province isn't matching.

"We know that we're in a housing crisis and the environment has changed significantly pre-COVID until now," said Sarah Campbell, the executive director of Ark Aid Street Mission in London.

"My hope is that the provincial government will look at this holistically and say, you know, this is going to be a healthcare issue, this is going to be a policing issue, this is going to be an environmental issue. And we need to step up and be proactive about human lives on the streets across the province."

London City Council will decide how the $5 million from the federal government will be spent.