The mayor of Greater Sudbury, along with several other Ontario city mayors, is calling on Premier Doug Ford to invoke the notwithstanding clause in response to a court ruling preventing municipalities from cleaning up homeless encampments when shelters are full .

The plea comes as the unofficial number of homeless people in Sudbury, Ont., rose to 500, according to the city’s “point-in-time” count.

On Thursday, mayors called for a series of measures to help municipalities address problems related to mental health, substance abuse and homeless encampments. Their request follows a January 2023 decision by the Ontario Superior Court of Justice.

Justice MJ Valente ruled that the Region of Waterloo could not use a municipal bylaw to evict people living in an encampment in Kitchener because the bylaw was considered to violate section seven of the Canadian Charter of Rights and Freedoms. Article seven refers to the right to life, liberty and security of person.

In their letter, the mayors ask the provincial government to take the following measures:

• Become an intervenor in any court case that restricts the ability of municipalities to regulate and prohibit encampments, consistent with the U.S. Supreme Court-endorsed principle that courts should not dictate government policy on homeless people.
• Strengthen the mandatory community and institutional mental health care system and expand services for people with serious addictions.
• Implement a drug justice and diversion system across the province, ensuring adequate resources to focus on rehabilitation rather than incarceration.
• Amend the trespass law to include a separate provision for “repeated acts of trespass,” with penalties up to and including incarceration. The amendments should also allow police officers to arrest individuals for repeated trespassing after being warned.
• Pass legislation prohibiting “open and public” drug use in the same manner as open alcohol use.

The letter is signed by Barrie Mayor Alex Nuttall, Brampton Mayor Patrick Brown, Brantford Mayor Ken Davis, Cambridge Mayor Jan Liggett, Chatham-Kent Mayor Darrin Canniff, Clarington Mayor Adrian Foster, Guelph Mayor Cam Guthrie, Oakville Mayor Rob Burton and Oshawa Mayor Dan. Carter, Pickering Mayor Kevin Ashe, St. Catharines Mayor Mat Siscoe, Sudbury Mayor Paul Lefebvre and Windsor Mayor Drew Dilkens.

“We request your immediate attention to this matter and look forward to working with the Ontario government to bring positive change to very complex issues,” the mayors wrote in the letter.

In a statement, Mayor Lefebvre expressed concern about the plight of families who feel helpless as they watch their loved ones struggle with serious mental health issues and debilitating addictions. He stressed the need for coordinated responses at the municipal and provincial levels.

“In joining my colleagues in sending this letter, I recognize the seriousness of using measures like the notwithstanding clause, a measure we do not take lightly. However, the realities present across Ontario demand rapid and decisive action, requiring the full range of tools. available to respond in an effective and compassionate manner,” he wrote in a statement to local media.

Lefebvre stressed that the current system is unable to meet the growing demand for drug treatment and rehabilitation programs.

“This is a human crisis that requires urgent action and a key issue that the health system must address,” he wrote.

“Here in Greater Sudbury, we have made significant progress; Through dedicated efforts to support those who are willing to accept intervention, we have been able to provide supportive transitional housing to those in need and provide essential wraparound services. This includes access to mental health care, addiction services and other critical resources that help people rebuild their lives.

However, Heidi Eisenhauer, executive director of the ACCESS Network, an organization focused on harm reduction for people who use drugs, questioned the letter’s release and the city’s priorities.

“My first thoughts are with the people living in the encampments, they have nowhere to go. Why not start by increasing access to shelters and subsidized affordable housing?” said Eisenhauer.

“As a city, we made the choice to reduce and close a large number of rooming houses and sell some of our subsidized housing to make up our deficit, but in return, we created even more homelessness. “

Last year, the city turned to a church, public libraries and a local mission to extend hours and serve as warming centers for people experiencing homelessness in January.

“It bothers me when people are not seen for who they are and time is not taken,” Eisenhauer said, advising the city to consider getting input from the homeless community .