After a brief retreat, politicians are again clamouring for the notwithstanding clause

The public backlash against Ontario Premier Doug Ford’s attempt to use the notwithstanding clause in a labour dispute in 2022 seemed like a turning point in the fight to uphold Charter rights. However, recent calls to use the clause to clear homeless encampments in Ontario cities indicate that the temptation to override rights is still strong. This normalization of using the notwithstanding clause poses a threat to the fundamental principles of human rights.

The mayors of 13 Ontario cities recently wrote a public letter to Premier Ford, asking him to consider using the notwithstanding clause to address homeless encampments. This request came after Ford himself suggested that mayors should request the use of the clause to address the issue. The potential use of the notwithstanding clause in response to a court ruling in January 2023 highlights the challenges faced by municipalities in dealing with homelessness.

While homelessness is a pressing issue in Ontario cities, invoking the notwithstanding clause may not be the most effective or ethical solution. Municipalities may struggle to provide additional shelter spaces or services for the homeless, but the province and federal government could offer support. Instead of resorting to drastic measures like the notwithstanding clause, policymakers should focus on long-term solutions to address the root causes of homelessness.

The use of the notwithstanding clause in routine policy matters, as seen in recent years, undermines the original intent of the clause as a last resort measure. The normalization of this extraordinary step sets a dangerous precedent and diminishes the protection of individual rights. While Ford’s retreat from using the notwithstanding clause in the labour dispute showed that public resistance can be effective, not all groups may receive the same level of support.

Human rights are enshrined in law to protect the rights and freedoms of all individuals, regardless of their political influence. Overruling Charter rights in the name of addressing homelessness threatens the core values of a democratic society. Finding sustainable solutions to homelessness requires a holistic approach that prioritizes human rights and dignity.

In conclusion, the ongoing debate over using the notwithstanding clause to address homelessness in Ontario underscores the need to uphold fundamental rights in policymaking. Instead of relying on drastic measures, policymakers should work towards comprehensive solutions that respect the rights of all individuals. Upholding human rights is essential in building a just and inclusive society for all.