Not unsurprisingly, the Canadian Civil Liberties Association is against a resolution before Ontario's Big City mayors to force those suffering addictions into treatment.
The CCLA says Friday's vote on the resolution would advise provincial and federal governments to override basic human rights guaranteed in the Canadian Charter of Rights and Freedoms. A letter addressed to municipal leaders urges them to defeat the motion, which they say advises senior governments to invoke the notwithstanding clause.
"While municipalities are facing the brunt of the issues posed by the rising cost of living, homelessness, and illicit substance abuse, invoking the notwithstanding clause to attempt to solve these crises is not appropriate," said the CCLA.
It calls using the notwithstanding clause to get around any challenge in the courts "dangerous."
"Both the limits on basic human rights contemplated under this resolution and its suggestion to invoke the notwithstanding clause to override our Charter are profoundly problematic," said the letter. "Compassionate, compulsory treatment is nothing but involuntary treatment. There is nothing compassionate about forcing people into treatment when they are not ready or willing to do so themselves."
The letter continues to say, "forced treatment directly impacts the rights to liberty and security under section 7 of the Canadian Charter of Rights and Freedoms," and "forcing individuals to be admitted into treatment facilities is also akin to arbitrary detention, and could be contrary to section 9 of our charter."
Instead, the CCLA suggests governments address chronic underfunding for voluntary treatment.
The resolution, the CCLA argues, would criminalize homelessness. It said "repetitive trespass provisions" would disproportionately harm already marginalized groups like Indigenous, Black and racialized people, women, those with disabilities, and the 2SLGBTQIA+ community, who are over-represented among those experiencing homelessness.
"Governments of all levels need to work together to find human rights-based solutions that respect the dignity and autonomy of encampment residents," the letter stated. "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."
The Ontario government hasn't rejected involuntary treatment programs for those unable to seek care on their own. It faces growing calls to address the growing number of encampments in their communities. In Brampton last week, Premier Doug Ford said his government would have to "look into it pretty deeply" before moving ahead.
Federal Conservative Leader Pierre Poilievre has come out in support of it, although he also told reporters he was still researching how it would work, and British Columbia's government proposed taking those with addiction challenges, brain injuries, and mental health issues to highly secure facilities.