CCLA Urges Big City Mayors To Vote Against Resolution That Overrides Rights Of Vulnerable People In Ontario

TORONTO — The Canadian Civil Liberties Association is calling on Ontario’s Big City Mayors to vote against a proposed resolution that would advise governments to override basic human rights guaranteed by the Charte canadienne des droits et libertés.

While municipalities are facing the brunt of the issues posed by the rising cost of living, homelessness, and illicit substance use, invoking the notwithstanding clause to attempt to solve these crises is not appropriate.

Fundamental rights and freedoms must be respected in Canada. CCLA is aware of a proposed resolution Ontario’s Big City Mayors will reportedly vote on at their October 18, 2024 meeting. CCLA is concerned that this proposed resolution, if adopted, would advise the provincial and federal governments to (i) expand the use of forced treatment to individuals with mental health or addiction issues; and to (ii) amend the Trespass to Property Act to create a new “repetitive trespass” provision, with severe penalties.

Shockingly, the proposed resolution would also advise the provincial and federal governments to invoke the notwithstanding clause in an obvious attempt to prevent courts from invalidating proposed initiatives where they violate Charter-protected rights.

“Forced treatment directly impacts the rights to liberty and security and raises significant equality issues. The right to refuse unwanted medical treatment is fundamental to a person’s dignity and autonomy,” said Anaïs Bussieres McNicoll, Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association. “Forcing individuals to be admitted into treatment facilities is akin to arbitrary detention. Governments should instead address the chronic lack of funding to expand capacity for voluntary treatment”.

“The creation of new ‘repetitive trespass’ provisions will criminalize unhoused people and people living in poverty, who are already among the most vulnerable members of our society,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association. “The notwithstanding clause was never intended to be used – and should never be used – to weaken or harm legal protections for marginalized and vulnerable communities.”

CCLA is urging Ontario’s Big City Mayors to vote against this proposed resolution. See our open letter to Ontario’s Big City Mayors here.