Mayor's Message - Requesting use of the Notwithstanding Clause

To the Welland community,

Safety, dignity, and compassion—these are the fundamental values on which our community is built, and they are the values we will uphold as we confront the complex challenges of unauthorized encampments in our city. Balancing the rights of those in need with the rights of the broader community regarding access to public spaces and overall community safety is a priority that requires more tools to create an effective and compassionate response.

Although we have worked diligently with regional and community partners to address this growing challenge, we have reached a critical point where more needs to be done. And that is why, late last week, I sent the Premier of Ontario a letter supporting the call to request using the Notwithstanding Clause, as outlined in Section 33 of the Canadian Charter of Rights and Freedoms, to assist Welland in finding reasonable and compassionate solutions in addressing the complex legal, social, and public safety concerns and roadblocks.

On November 5 I submitted a notice of motion to the clerk that, if passed, would allow Council, as a whole, to formally request the Province of Ontario invoke the Notwithstanding Clause to empower the City of Welland to enact temporary bylaws that prioritize the health and safety of all residents while ensuring responsible and dignified support for those experiencing homelessness. What that looks like, we do not yet know. The full notice of motion can be viewed at the conclusion of this statement.

This is not a decision made lightly. It is, however, a necessary decision that reflects our commitment to protecting and balancing public safety while providing a dignified, supportive approach to homelessness and the struggles associated with it, such as mental health and addiction. Using this Clause would enable us to create temporary bylaws that grant greater flexibility to respond to this crisis and work toward solutions that reflect our community’s needs.

As homelessness and encampments increase, we have done everything in our jurisdiction to address the issue. We have partnered with the Region of Niagara to establish a coordinated approach to encampment response, which includes consistent outreach to those in need, connecting individuals with emergency shelter, and other essential services. We are expanding the shelter system within Niagara, with a new shelter set to open in Welland by the year’s end, ensuring those seeking support have access to it. However, we need to do more, and we can only do it with the provincial government’s support and the enactment of the Notwithstanding Clause.

Our City is committed to taking compassionate, solution-oriented actions, and we are in continuous dialogue with the provincial government to address the root causes of homelessness. We are optimistic about the province’s support. We are ready to work alongside the provincial government to find effective solutions to this pressing issue.

Thank you for your understanding and support.

• Notice of Motion