A Chatham-Kent councillor believes CK's council should condemn any use of the notwithstanding clause by the Ontario government.
Rhonda Jubenville is worried the province will use the clause to allow it to bypass any court rulings in an attempt to clear out homeless encampments.
"If we start picking or choosing whose rights we can trample on it'll end up in a disaster," she told CK News Today.
During CK council's meeting on Monday, Jubenville brought forward a notice of motion asking councillors to denounce the use of the clause. It will be discussed at council's next meeting on December 16, 2024.
Her motion comes a few days after Premier Doug Ford announced his government would use the clause if new legislation it plans to introduce to dismantle homeless encampments is legally challenged.
It also comes after 13 Ontario mayors asked the provincial government to use the clause. This included CK mayor Darrin Canniff, who previously told CK News Today he supported the request as he believes the province needs as many tools as possible to manage the homeless crisis.
Jubenville noted she "probably wouldn't" have introduced her motion if Canniff wasn't part of the letter. She did, however, agree that the province needs to deal with the crisis but added the clause is not a solution.
"These people will have no where to go, so if they're not allowed on municipal property then they'll end up going on private property. It's just gonna exacerbate the problem," she said.
Along with the moral issue, Jubenville also has concerns with the province considering violating the Canadian Charter of Rights and Freedoms.
In her opinion, the provincial government would be better off looking into better mental health and drug addiction supports.
Meanwhile, CK's council approved a motion from Councillor Brock McGregor to ask the federal government for funding to help manage the growing number of encampments and people experiencing homelessness.
By doing this, council is bypassing the provincial government since it was one of three provinces to reject funding from the federal government.
"[The province is] acting like they got their head in the sand. They are not helping us and they need to start," said Jubenville in support of McGregor's motion.
It's not guaranteed that Chatham-Kent will get any federal funding as the current focus is on supporting larger communities Toronto.