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Using the notwithstanding clause to evict the homeless shows the limits of municipal politics


Published on 2024-11-28 00:40:35 - Brian Stokes, N@N
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  • The proposed use of the notwithstanding clause to clear homeless encampments would add unhoused people to a growing list of those whose human rights have been recently curbed by the clause.

The article from Yahoo News Canada discusses the controversial use of the notwithstanding clause by the City of Hamilton to evict homeless individuals from encampments. The city passed a bylaw that prohibits camping in parks, and preemptively invoked Section 33 of the Canadian Charter of Rights and Freedoms, known as the notwithstanding clause, to prevent potential legal challenges based on Charter rights. This move has sparked significant debate about the rights of homeless individuals, the appropriateness of using such a powerful legal tool for municipal bylaws, and the broader implications for civil liberties in Canada. Critics argue that this action not only undermines the rights of the homeless but also sets a concerning precedent for the use of the notwithstanding clause, traditionally reserved for more significant legislative actions. The discussion also touches on the lack of sufficient shelter spaces and the city's approach to addressing homelessness through enforcement rather than support.

Read the Full Yahoo News Canada Article at [ https://ca.news.yahoo.com/using-notwithstanding-clause-evict-homeless-171955657.html ]