Premier Ford’s proposed legislation aims to give municipalities power to dismantle encampments, but questions of Charter compliance and local implications loom large

Ford’s Push for Anti-Encampment Legislation
QUEENS PARK – Politics – Ontario Premier Doug Ford’s Progressive Conservative government has introduced legislation to tackle homelessness encampments, proposing expanded municipal authority and new funding to dismantle them.

While initially suggesting the use of the notwithstanding clause to override Charter of Rights and Freedoms protections, Ford has now stated it may not be necessary unless the courts challenge the proposed laws.

Legal Precedent Creates Challenges

The 2023 Ontario Superior Court ruling in Waterloo restricts evictions of homeless encampments without adequate housing options. Ford criticized the decision and engaged big city mayors, including Thunder Bay’s Ken Boshcoff, in discussions about addressing encampments amid calls for Charter compliance.

Criticism and Concerns

Civil rights advocates, shelter operators, and legal experts have expressed alarm over potential rights infringements. The courts have shown restraint on socio-economic issues and argued against Ford’s framing of the notwithstanding clause as a fallback.

Implications for Thunder Bay

With homelessness an ongoing issue in Thunder Bay, the legislation could directly impact local strategies. Expanded shelter capacity and accountability measures could help, but contingencies tied to encampment removal raise concerns about inclusivity and feasibility for those with complex needs. The decision by the Ford Government also sends the message to civil politicians that the Ontario Government will not be likely funding homeless encampments.

Funding with Strings Attached

The proposed funding would require municipalities to use it for dismantling encampments, creating pressure to align local policies with provincial directives. This has raised questions about whether Thunder Bay’s existing services can meet the new requirements.

A Workaround for Legal Hurdles?

Critics argue that Ford’s approach sidesteps the Waterloo ruling by making shelter funding conditional on eviction efforts, creating a de facto workaround that avoids immediate Charter conflicts.

Looking Ahead

As Thunder Bay evaluates its position, local leaders must balance addressing homelessness with safeguarding rights and ensuring sufficient resources. Community input and collaboration will be crucial as the province finalizes its legislation.