Sudbury mayor joins group asking premier to override charter of rights to deal with encampments

Greater Sudbury Mayor Paul Lefebvre. (File)

With the surging number of homeless encampments in Ontario cities, Sudbury Mayor Paul Lefebvre has joined other big city mayors in asking the province to back them up when they try and prohibit encampments.

The move comes after Premier Doug Ford mentioned this week using the notwithstanding clause in Canada's constitution, which allows provinces to override the Canadian Charter of Rights and Freedoms.

Ford mentioned using the clause at an unrelated press conference on Monday.

"Why don’t we put in, 'use the notwithstanding clause,' or something like that?" the premier said. "Let's see if (the mayors) have the backbone to do it."

That challenge was met Thursday when the mayor of 13 of the biggest cities in the province sent an open letter to Ford, formally requesting the use the clause if necessary to pass laws to ban homeless encampments.

"The provincial government is requested to become an intervenor on any court case that restricts the ability of municipalities to regulate and prohibit encampments, advocating for the principle endorsed by the U.S. Supreme Court … that courts should not be dictating homelessness policy," the letter reads.

It also calls for the province to bring in laws making repeated trespassing a criminal offence that leads to jail time, and for clear rules banning drug use in public "in the same manner as the open consumption of alcohol."

In response to a request for comment, Lefebvre sent CTV News a statement that said he recognizes "the profound struggles that individuals facing homelessness, mental health challenges, and addiction endure every day."

"In joining my colleagues in sending this letter, I recognize the gravity of invoking measures like the notwithstanding clause, a step we do not take lightly," he said.

"However, the realities playing out across Ontario demand swift and decisive action, requiring the full spectrum of tools available to address it effectively and compassionately."

Lefebvre said there needs to be a way to force people in crisis to get treatment, "even if involuntarily, when their safety and well-being are at risk."

"This is a human crisis that requires urgent action, and a key issue that the health care system needs to address," the statement said.

"I stand in solidarity with my fellow mayors across Ontario in urging the provincial government to take decisive action on the critical issues of mental health, addiction, and homelessness—issues that affect the safety and well-being of our entire community."

Recent wintery conditions make living outdoors even more challenging for more than 200 people living in encampments in the city. (Alana Everson/CTV News)

The full text of Mayor Paul Lefebvre's statement:

Mayor’s Statement on Joint Letter to Premier Ford

As Mayor of Greater Sudbury, I recognize the profound struggles that individuals facing homelessness, mental health challenges, and addiction endure every day. These are not issues that can be solved easily, nor can they be ignored. I have heard from countless families who feel powerless, grappling with the heart-wrenching reality of watching their loved ones struggle with severe mental health challenges and debilitating addictions.

The current system is not equipped to address the growing need for comprehensive treatment options, especially for those facing severe and chronic addiction who are refusing intervention. We need to ensure that people struggling with mental illness and addiction access the support they need when they need it. The data surrounding the opioid crisis locally demonstrates a worsening situation, and people are continuing to die at an alarming rate.

There must be a way to get individuals into supportive treatment and rehabilitation programs, even if involuntarily, when their safety and well-being are at risk. This is a human crisis that requires urgent action, and a key issue that the health care system needs to address.

In joining my colleagues in sending this letter, I recognize the gravity of invoking measures like the Notwithstanding Clause, a step we do not take lightly. However, the realities playing out across Ontario demand swift and decisive action, requiring the full spectrum of tools available to address it effectively and compassionately.

This is about protecting the lives of those who are vulnerable and ensuring their safety and dignity. Expanding these critical services will not only relieve pressure on families who are left without options, but also reduce the strain on our emergency response systems, hospitals, policing, and judicial systems. We need a proactive approach that focuses on rehabilitation, care, and long-term recovery.

Here in Greater Sudbury, we have made meaningful progress; through dedicated efforts to support those willing to accept intervention, we have been able to provide supportive transitional housing for individuals in need and provide critical wraparound services. This includes access to mental health care, addiction services, and other essential resources that help people rebuild their lives.

We have shown that though these issues are complex, with the right partnerships and resources, real change is possible. We cannot abandon those individuals who have refused intervention until now.

I stand in solidarity with my fellow mayors across Ontario in urging the provincial government to take decisive action on the critical issues of mental health, addiction, and homelessness—issues that affect the safety and well-being of our entire community.