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Downtown Sudbury has written an open letter to Mayor Paul Lefebvre and city council following the announcement last week that the mayor had signed a letter to Premier Doug Ford asking him to invoke the notwithstanding clause if necessary to combating homelessness and tent encampments.

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“The Downtown Sudbury BIA recognizes the complex and growing challenges related to homelessness, mental health and addiction in our city. We understand that any issue justifying the use of the escape clause should not be taken lightly,” wrote Jeff MacIntyre, executive director of the BIA. “As a community, we have witnessed and participated in many efforts to address these issues. We have looked at models from around the world with varying degrees of success, but we have also seen these models struggle in Canada, where adjustments are needed to align with our Charter.

The BIA noted that the most successful places have carefully balanced “the rights of the community with those of the individual.”

The notwithstanding clause is section 33 of the Canadian Charter of Rights and Freedoms. It gives provincial governments or the federal government the possibility of deviating from certain parts of the charter for a period of five years.

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Lefebvre told the Star that in this context, it would give governments and institutions the power to push individuals into treatment, even against their will, because it would override their right to refuse medical treatment.

“While we believe individuals should have some autonomy over their health, society also needs protection when a person becomes violent or harmful to others,” MacIntyre wrote. “This subset, although small among those experiencing homelessness, has a tangible impact on the daily life of the community, including other members of the homeless population.

“This group is currently falling through a significant gap between our justice and health systems, and makes it even more difficult to help people experiencing homelessness access resources. »

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The BIA has stated that it believes it is unacceptable to criminalize mental health issues; however, “we need options that protect public safety – an option that our current system fails to provide.”

The group also said it believes treating addiction as a health issue is essential to solving today’s challenges.

“The criminalization of drug use has been shown repeatedly to fail. At the same time, open and unrestricted drug use cannot function within a healthy community,” MacIntyre wrote. “There needs to be a balance between criminalizing people with serious addictions and allowing drug use in spaces like school grounds or daycares.

“Recent experiences with supervised consumption sites have shown that current rules regarding public drug use are too permissive; even with access to safer sites, users often prefer the streets to the restrictive rules of consumer sites.

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The BIA argued that the system currently in place lacks a middle ground, either criminalizing use or allowing it, in an unlimited manner.

“The escape clause is not a tool to be used lightly, but we have seen several attempts to resolve this issue fail, with tragic consequences,” MacIntyre wrote. “This situation clearly constitutes an emergency that requires measures going beyond the measures already implemented by cities across Canada. Mental health workers, police and frontline service providers need the right tools to help those in need.

“We understand and share the concerns raised by the Mayor and fully support his commitment to finding effective and compassionate solutions. »

Downtown Sudbury believes that a multi-faceted approach focused on funding, harm reduction and empowerment will be necessary to effectively address homelessness, mental illness and addiction.

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The group is also campaigning for the return of the city’s safe consumption site, which was located at Energy Court, behind the Lorne Street grocery store. The site was shut down earlier this year after its funding ran out and the provincial government failed to provide new funding.

“We urge all levels of government to prioritize and invest in accessible and comprehensive mental health and addiction services. This includes readily available treatment options, supportive housing and harm reduction initiatives,” MacIntyre said.

“We support harm reduction strategies that prioritize the well-being of people struggling with addiction, while minimizing the impact on the inner city community. This includes initiatives such as supervised consumption sites and expanded access to naloxone.

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The BIA said that to properly address the crisis, all levels of government must collaborate with service providers, businesses as well as the community at large.

“We are committed to working alongside all stakeholders to develop and implement sustainable solutions. Downtown Sudbury remains committed to fostering a safe, inclusive and vibrant downtown for all,” concluded MacIntyre. “By addressing the root causes of homelessness, mental health and addictions, and implementing compassionate and effective strategies, we believe we can build a stronger, more resilient community.

[email protected]

X: @SudburyStar

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