Thirteen Ontario city mayors are calling on Premier Doug Ford to use the notwithstanding clause to overturn a court ruling preventing municipalities from cleaning up homeless encampments if their shelters are full.

In the letter dated Thursday, the mayors call for several measures to help municipalities deal with problems related to mental health, addictions and homelessness in their communities. The mayors say that using the derogation clause would guarantee the effective implementation of the measures.

“We request your immediate attention to this matter and look forward to working with the Ontario government to bring positive change to very complex issues,” the mayors wrote in the letter.

The letter is signed by Barrie Mayor Alex Nuttall, Brampton Mayor Patrick Brown, Brantford Mayor Ken Davis, Cambridge Mayor Jan Liggett, Chatham-Kent Mayor Darrin Canniff, Clarington Mayor Adrian Foster, Guelph Mayor Cam Guthrie, Oakville Mayor Rob Burton and Oshawa Mayor Dan. Carter, Pickering Mayor Kevin Ashe, St. Catharines Mayor Mat Siscoe, Sudbury Mayor Paul Lefebvre and Windsor Mayor Drew Dilkens.

The letter comes after Ford called on mayors Tuesday to demand that he use the notwithstanding clause to pass legislation that would give them more tools to combat homelessness.

“I have an idea: why don’t big city mayors write that they want the province to change the homeless program, make sure we help the homeless move forward, and why Don’t they say, “Use the notwithstanding clause, or something like that,” Ford said.

“This is what they should do…Let’s see if they have the courage to do it, if they really want the homeless situation to improve,” he said.

“Big city mayors, you want this done, I need this letter.”

The notwithstanding clause is necessary due to a January 2023 decision by the Ontario Superior Court of Justice. Justice MJ Valente ruled that the Region of Waterloo could not use a municipal bylaw to evict people living in an encampment in Kitchener because the bylaw was found to violate section 7 of the Canadian Charter of Rights and Freedoms. The judge said the lack of accommodation meant the settlement violated Charter rights.

“I declare that the by-law is inoperative to the extent and only to the extent that it applies to preventing residents of the Encampment from inhabiting and erecting temporary shelters without a permit on the Property when the number of homeless people exceeds the number of places available. accessible shelter beds in the region,” Valente wrote.

In the letter, the mayors ask the provincial government to do the following:

• Become an intervenor in any court case that restricts the ability of municipalities to regulate and prohibit encampments, consistent with the U.S. Supreme Court-endorsed principle that courts should not dictate government policy on homeless people.

• Strengthen the mandatory community and residential mental health care system and expand services to treat people with serious addictions.

• Implement a drug justice and diversion system across the province and ensure there are the necessary resources to allow a focus on rehabilitation rather than incarceration.

• Amend the Trespass to Property Act to include a separate provision for “repeated acts of trespass”, for which the penalty should include incarceration, and to allow a police officer to arrest a person who commits acts repeated trespassing charges after the police told him not to do so. engage in such activity. These changes should also include a possibility of referral to a diversion court.

• Enact legislation providing guidance on prohibiting the “open and public” use of drugs in the same way that open consumption of alcohol is prohibited.

Grace Lee, the premier’s spokesperson, said in a statement Thursday: “We have been clear that we will explore all legal tools available to the province to clear encampments and restore safety to public spaces.

“As cities remain at the forefront of municipal land issues, we are examining what additional tools the province can provide to help municipalities effectively manage these current challenges,” Lee added.