Ontario’s premier is pledging new legislation which promises a crackdown on public drug use and encampments and get more people indoors and into treatment, whether it violates their rights or not.
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Ontario’s premier is pledging new legislation that will crack down on public drug use and encampments and get more people indoors and into treatment, whether it violates their rights or not. Reporter Jack Moulton takes a look at what’s been said, and what it might mean.
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WHAT IS DOUG FORD PROMISING?
In a letter posted to social media Thursday, Premier Doug Ford says the provincial government shares concerns about public safety, and the “loss of public space” from the growing number of encampments in Ontario, declaring “enough is enough.”
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Without specifics, Ford promises upcoming legislation will provide more funding to expand shelter capacity tied to clearing encampments, giving police more power to “explicitly and unequivocally” ban use of illicit drugs in public, and prioritizing “pathways to recovery over incarceration” for minor and non-violent drug offences.
Capping off the letter, he writes his belief is the legislation will not need to pre-emptively override the Charter of Rights and Freedoms through the notwithstanding clause, but that his government is prepared to invoke it if necessary.
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WHERE DID THIS COME FROM?
Earlier in the fall, Ford dared Ontario mayors to request the province invoke the notwithstanding clause in order to clear encampments. Spurred by Ford’s comments, 13 mayors, including Windsor’s Drew Dilkens, Chatham-Kent’s Darrin Canniff, and Brantford’s Kevin Davis, did exactly that.
That’s because a court decision from Waterloo region bars municipalities from clearing encampments unless they have enough shelter space to accommodate encampment residents. Doing so would violate Section 7 of the Charter, protecting life, liberty and security of the person, the court ruling said.
WHAT DO LONDON’S POLITICIANS THINK?
Mayor Josh Morgan, who did not sign the letter, is happy to see more funds for shelter and a focus on addictions treatment. He particularly is pleased in Ford’s belief that invoking the notwithstanding clause won’t be necessary, and he is cautiously optimistic about what the legislation will ultimately say.
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“We can’t just break up encampments. We need places for people to go, indoor places, particularly through the winter,” Morgan said. “We’ve got some money from the federal government, it looks like the premier is willing to put more money on the table to expand shelter capacity, and the sooner that can come, the better.”
Ward 6 Coun. Sam Trosow was among 41 city politicians, and one of four in London alongside councillors Hadleigh McAlister, Skylar Franke and David Ferreira, to pen a letter to the province urging it not to use the notwithstanding clause.
Though Trosow said he supports additional shelter funding, calling it “exactly what we need,” he was disappointed to see Ford continue to lean on using the notwithstanding clause. Trosow singles out a reference Ford made to courts “interfering” with Ontario’s goals.
“(I’m) glad to see that something’s coming, I’ll be looking at it very carefully when I see it . . . (but) I’m very, very disappointed that they didn’t just remove invoking the notwithstanding clause as part of the solution.”
WHAT DO FRONT-LINE WORKERS THINK?
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Chuck Lazenby is executive director of the Unity Project, an agency that provides shelter and programs to the homeless, and co-coordinator of the London’s homeless hubs implementation group. She argues a focus on encampments and public drug use misses the point.
“We certainly do need more shelter beds, there’s no doubt about that, but I don’t think it needs to come along with enforcement,” she said. “Quite frankly, if we had enough shelter beds to get people indoors from outside in London, most people would be coming inside without force.”
She argues the move further criminalizes people experiencing homelessness and poverty, and governments should be aggressively pursuing more housing options and income support. When it comes to addictions treatment, Lazenby adds, after being under-resourced for years: “I’ll believe it when I see it.”
The executive director of one of London’s shelter agencies, Ark Aid Street Mission, said she’s similarly skeptical of the province being able to fund enough housing and shelter to close encampments. Especially amid the winter wallop London has been dealt this week, Sarah Campbell questions the timing of the funding, but hopes it can help fund its new, year-round 90 shelter beds or potentially more.
“I’m hopeful that that’s the case, I’m also hopeful that we actually consider here in our community, how could we expand services?” she said. “This is the first winter that, at this point in the year, we’re looking at less services than the year previous.”
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