NEOLIBERAL FASCISM

Canada: Ontario Premier announces legislation to dismantle homeless encampments

Harjaap Ahluwalia | Osgoode Hall Law School, CA

DECEMBER 6, 2024 

Ontario (Canada) Premier Doug Ford announced Thursday that his government will introduce legislation to grant municipalities and police expanded powers to dismantle homeless encampments in a letter sent to 12 mayors from municipalities across the province. The premier also indicated his willingness to use the notwithstanding clause of the Canadian Charter of Rights and Freedoms if courts block the measures’ implementation.

The premier explained in his letter:

Our government shares your concerns about the need to keep our children, families and communities safe. That’s why we are acting to put an end to the public disorder, drug use and trafficking and loss of public space that have resulted from the widespread growth in encampments.

The announcement follows a request from 12 Ontario mayors who urged the premier to act on what they described as a growing public safety crisis stemming from homelessness and encampments. The proposed legislation includes measures to enhance penalties for trespassing, explicitly ban open drug use in public spaces, and enhance enforcement capabilities for municipalities. The premier also wrote that the new legislation would give municipalities “the tools they need” to restore public order and safety.

In response housing advocates and legal experts have expressed alarm over the potential violation of Charter rights and the social consequences of dismantling encampments without adequate alternatives, with an open letter signed by 450 members of the legal community calling on the premier not to use the clause. Further, several housing advocacy groups including the Canadian Centre for Housing Rights and the National Right to Housing Network, expressed deep concern about the use of the notwithstanding clause to bypass protected human rights established under the Canadian Charter of Rights and Freedoms.

Critics argue that forcibly dismantling encampments without addressing systemic issues such as poverty, affordable housing, and access to addiction treatment risks worsening the homelessness crisis, further reflected in a July report by the Association of Municipalities of Ontario. Legal scholars have also raised concerns in the past about the use of the notwithstanding clause to override Charter protections in general, warning that it sets a troubling precedent.

The legislation comes amid broader national debates over homelessness and addiction management, reflecting tensions between public safety priorities and human rights obligations. As Ontario moves forward with its plans, the outcomes will likely shape future approaches to addressing homelessness across Canada. This comes in the wake of the government closing many supervised drug consumption sites. This also comes in the wake of authorities investigating the government in January 2023 for the government’s decision to open protected green belt lands to housing developments. Further, a challenge began in September for the government’s More Beds, Better Care Act. Additionally, the Ontario Superior Court ruled in January 2023 that clearing encampments without sufficient shelter spaces would infringe on the constitutional rights of the encampment residents citing section 7 of the Canadian Charter of Rights and Freedoms.