Reconsideration
Whereas mayors from several Ontario municipalities have recently petitioned the Premier of Ontario to invoke the notwithstanding clause in relation to proposed measures addressing mental health, addiction, and homelessness;
And whereas the notwithstanding clause is designed to suspend the application of the Canadian Charter of Rights and Freedoms;
And whereas the Charter is intended to protect the fundamental rights of all Canadian citizens, without exception;
And whereas Section 7 of the Charter guarantees everyone the right to life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice;
And whereas the application of Section 7 of the Charter to issues concerning encampments and individuals living in temporary shelters was affirmed in the decision of Justice Valente in The Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, 2023 ONSC 670;
And whereas individuals experiencing homelessness, mental health challenges, and substance use disorders are among the most vulnerable members of our society, deserving of protection and support rather than further marginalization;
Therefore be it resolved that:
1. The County of Brant strongly opposes the use of the notwithstanding clause by the Government of Ontario in connection with any legislation that would facilitate the eviction or displacement of encampment residents.
2. The County of Brant affirms that all individuals, regardless of their housing status or personal circumstances, are entitled to the full protection of their Charter rights.
3. The County of Brant recognizes that addressing homelessness, mental health issues, and addiction requires compassionate, evidence-based solutions that respect the dignity and rights of all individuals.
4. The County of Brant calls upon the provincial government to work collaboratively with municipalities, health experts, and community organizations to develop comprehensive strategies that address the root causes of homelessness, mental health challenges, and addiction, while upholding the Charter rights of all citizens.
5. The County of Brant commits to advocating for increased funding and support for affordable housing, mental health services, and addiction treatment programs as more effective and humane alternatives to encampment evictions.
And that this motion be distributed to the Ontario government, specifically the Premier of Ontario, the Attorney General, the Minister of Children, Community and Social Services, the Finance Minister the Minister of Health, MPP Will Bouma, MPP Ernie Hardeman, and MPP Brian Riddell.