Midland mayor backs using controversial clause to tackle homelessness

Midland has become the latest among urban mayors to call on the province to enact a controversial clause to tackle the homeless crisis.

Last month, 13 of Ontario's 29-member Big City Mayors' caucus signed a letter that urged the premier to use the notwithstanding clause, requesting he intervene in court cases restricting encampments, expand involuntary mental health treatment, amend trespassing laws and implement a drug and diversion court system.

Last week, Midland's Town Council signed that same letter.

"The province really, really needs to spend more time and attention on some of the fundamentals that can eliminate or at least reduce homelessness," said Midland Mayor Bill Gordon.

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The notwithstanding clause allows governments to pass legislation that may infringe on one's charter rights.

Using the notwithstanding clause is required due to an Ontario Superior Court ruling in January 2023, that determined Waterloo Region could not use a municipal bylaw to evict anyone living in encampments as it would deprive these residents of their charter protected right to life.

Prior to the letter being written, Premier Doug Ford goaded municipalities into calling on him to use the clause.

"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 we move the homeless along, and why don't they put in 'use the notwithstanding clause,' or something like that," Ford said at an October 28 press conference about an unrelated matter. "Let's see if they have the backbone to do it, if they really want the homeless situation to improve."

According to Gordon, while the letter calls for its usage as it pertains to prohibiting and dismantling encampments, municipalities really want the province to do more when it comes to various support services.

"It's calling on the province to put in more supportive housing, more shelter beds," he added. "More abilities for people to get addictions and other health care that is going to circumvent the need for encampments to grow."

The City of Welland's mayor has also signed the letter in recent days.

In major urban centres, Toronto’s mayor Olivia Chow has rejected to sign and Hamilton’s Andrea Horwath has not signed the letter.