Applying the notwithstanding clause to combat addiction and homelessness risks causing far more harm than good, community groups say in response to Greater Sudbury Mayor Paul Lefebvre’s recent request to the province, as well as 12 other mayors.

Advocacy groups and Public Health Sudbury & Districts are advocating for evidence-based solutions, not criminalization and forced treatment.

Lefebvre recently joined 12 other Ontario mayors in writing a letter calling on the province to use the notwithstanding clause to dismantle homeless encampments, increase capacity for mandatory addiction treatment and increase the use of incarceration.

See: Mayors call on Ford to take action against encampments

Groups like Public Health Sudbury & Districts (PHSD) And Network ACCESS NetworkTHE Coalition for a Liveable Sudbury, SWANS (Sudbury Sex Worker Advisory Network) and others all told Sudbury.com that the mayor’s proposed ways to address the homelessness and addiction crisis – through mandatory treatment and limits on human rights supported by courts – are not only ineffective, but as proven solutions to these problems are already available, they just need funding.

Evidence-based solutions like those approved by city council Roadmap to end homelessness by 2030as well as the City of Greater Sudbury’s encampment strategy.

On November 1, Greater Sudbury Mayor Paul Lefebvre, along with 12 other mayors, sent a letterwritten at Invitation from Prime Minister Doug Fordwhich calls for more municipal power from the province to manage homeless encampments, including provincial enactment the derogation clausewhich prevents a court from declaring that a law is inoperative or ineffective when it is incompatible with the Canadian Charter of Rights and Freedoms.

Lefebvre was the only Northern Ontario mayor to sign the letter.

Among calls for a “drug justice and diversion system” and clearer legislation around open drug use – a call for its prohibition to be similar to open alcohol use – key advocacy points in the 13 mayors’ open letter include asking the province to use the notwithstanding clause to overturn court cases that restrict “municipalities’ ability to regulate and prohibit encampments” or dictate policy on of homeless people.

They also call for the province to strengthen a system of mandatory community and institutional mental health care, expand services to treat people with serious and debilitating addictions, and amend the law on trespassing. property to include a separate provision for repetitive acts of trespass. whose sentence should include a period of incarceration.

Heidi Eisenhauer, executive director of the ACCESS Network, told Sudbury.com that as a harm reduction advocate, she has “significant concerns” about several proposals in the letter.

“While I share the mayors’ desire to address our communities’ challenges with mental health, addiction care, and homelessness/housing, the proposed measures risk causing more harm than good “, she said.

Eisenhauer said the evidence clearly shows that approaches of criminalization and forced treatment do not work. “Center for Addiction and Mental Health (CAMH) Research and St. Michael’s Hospital demonstrates that punitive measures, including arresting people for trespassing or using drugs in public, only keep people away from accessing help and increase the risk of death by overdose,” she said.

PHSD and the Community Drug Strategy, made up of 60 organizations across Sudbury, highlight everything they learned at the Greater Sudbury Toxic Drugs Summit, organized on December 7 and 8. The Summit was co-hosted by the strategy and the City of Greater Sudbury.

“At the Summit, we looked at evidence of what has worked elsewhere, whether in the areas of health promotion, comprehensive social supports, including expanded access to affordable housing, and health care. addiction, including expanded access to treatment and harm reduction. ”, reads a statement sent to Sudbury.com. “The Community Drug Strategy remains committed to following through on the Summit’s recommendations. »

They included examples of evidence-based solutions, such as preparation-based treatment: “Addiction treatment experts around the world say a critical ingredient for success is the willingness to change. When people are forced to undergo treatment against their will, it is unlikely that it will be successful.

They also talk about fighting prejudice and reducing it. “Programs that address mental health, substance abuse or homelessness and reduce stigma toward people experiencing these issues encourage them to seek help,” PHSD said. “Stigmatizing people with mental health issues, substance abuse or homelessness through words, such as negative rhetoric, or actions, such as law enforcement, perpetuates the problems we hope to solve. »

They also propose a model discussed at the summit, the Icelandic prevention model, which they describe as “Iceland’s experience in solving a growing drug problem” by involving parents, teachers, sports centers and the community by engaging very early with young people.

“The City of Greater Sudbury and its Mayor are enthusiastic partners as we work across the community to bring this model here,” reads the release.

The PHSD also highlights Ontario’s Chief Medical Officer of Health, Dr. Kieran Moore, and its 2023 annual report.

In it, he recommends an evidence-based, whole-of-society approach to reducing harms related to substance use. “This includes building stronger communities through initiatives such as the Icelandic Prevention Model and Housing First; building stronger families through wellness centers for healthy babies, healthy children and youth; maintain and increase harm reduction policies and services; and provide timely and easily accessible treatment services,” reads the PHSD statement to Sudbury.com. “This fits well with the direction of the Community drugs strategy. »

Network’s Eisenhauer said that instead of using the escape clause “to restrict rights,” policy should focus on: expanding Housing First programs, which have proven highly effective in breaking the cycle homeless-prison; increase investments in affordable housing and rent supplements; strengthening housing stabilization funds to prevent homelessness; and supporting and expanding harm reduction services “that save lives every day”.

She also believes that Greater Sudbury and its region “absolutely needs an expansion of services,” but that these services must be voluntary and person-centered, trauma-informed, integrated with housing supports, and developed with input of people with lived experience.

Eisenhauer also adds that the proposal to ban public drug use, like alcohol regulations, “fails to recognize that substance use disorder is a health problem and not a choice . This approach would likely increase overdose deaths by forcing people to consume alone in unsafe conditions,” she said.

Eisenhauer and Réseau ACCESS Network also signed a letter distributed to community groups by Black Lives Matter Sudbury, addressed to the mayor and copied to council members.

The letter states that “seeking to circumvent judicial authority through the notwithstanding clause” sets a troubling precedent for the city.

“This measure would deny essential protections of the Canadian Charter of Rights and Freedoms, which rightly prioritizes the rights and safety of people living in encampments,” the letter states. “While the complexities of homelessness and addiction demand urgent attention, relying on tools that circumvent basic civil liberties could harm the most vulnerable members of our community rather than providing them with the structured, compassionate care they need. they need.

The signatories consider that the invocation of the derogation clause directly contradicts the Motion by the municipal council adopted on August 13, 2024, “who is committed to exploring comprehensive solutions to homelessness that prioritize the dignity and rights of all residents.”

“This motion reflects the values ​​of our community and the understanding that effective solutions require collaboration and respect for human rights, not measures that undermine them,” the letter reads. “The Council’s resolution to address the homelessness crisis with compassion and systemic change should guide our actions moving forward. »

The letter is signed by Black Lives Matter – SudburyACCESS Network Network, Pride Laurentian Pride, THE Circle of Indigenous students at the Sudbury Campus of Laurentian UniversityTHE Sudbury Labor Education and Advocacy Centerthe Coalition for a Liveable Sudbury, SWANS (Sex Workers Advisory Network Sudbury) and several others.

Jenny Lamothe covers vulnerable and marginalized communities for Sudbury.com.