Ontario Premier Doug Ford has announced new measures aimed at addressing the growing issue of homeless encampments across the province, hinting at the potential use of the notwithstanding clause to bypass legal challenges. 

The backdrop to Ford’s announcement is a rising tide of homelessness in Ontario, and rampant public drug use in places like bus stops and public parks.

In an open letter posted to social media, Ford responded to a call from 12 mayors who had requested stronger legislative tools to manage and clear encampments that are taking over their cities, and clamp down on open drug use in public spaces. 

“We recognize that the growth in encampments on public spaces has resulted in the widespread growth in crime, disorder, and loss of public safety,” he wrote. 

Ford further said he plans to propose new legislation to prohibit public drug use and to provide municipalities with enhanced tools to clear encampments. This includes the introduction of “Clean Ontario,” which will support local law enforcement in addressing encampments.

The province also plans to significantly increase shelter capacity, promising new funding to boost mental health, addiction, and other support services. Ford committed to adding 19,000 new supportive housing units for the homeless population.

While Ford expressed a hope to avoid using it, he did not rule out employing the notwithstanding clause, a legislative tool that allows governments to override certain portions of the Charter of Rights and Freedoms, should courts impede the clearing of encampments.

The Ontario Superior Court of Justice ruled in January 2023, in a case involving the Region of Waterloo, that municipalities cannot forcibly remove people from encampments if there are insufficient shelter spaces available, as this would violate the rights under the Canadian Charter of Rights and Freedoms.

Ford reiterated the need for a compassionate approach, ensuring that those displaced are offered immediate assistance and housing options.