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Downtown Sudbury group throws support behind mayors’ letter

The mayors’ letter asks the province to give municipalities stronger powers to take legal action against people experiencing homelessness, including Charter rights breaches
Sudbury downtown aerial 3
Downtown Sudbury from the air.

The Downtown Sudbury Business Improvement Area has thrown their support behind an open letter several Ontario mayors, including Greater Sudbury’s, sent to Premier Doug Ford.

The mayors’ letter is intended to spur action from the province in addressing homelessness and addictions by giving municipalities additional powers. 

Among these powers is the ability to better regulate and prohibit encampments, charge people for trespassing and legislation to prohibit open drug use as is currently done with alcohol.

The letter requests that the notwithstanding clause be invoked if necessary, which could allow for the delivery of forced treatment and for encampments to be cleared without the need for there to be alternative accommodations available.

(Invoking the notwithstanding clause allows for certain breaches of the Canadian Charter of Rights and Freedoms, including fundamental, legal and equality rights.)

In conversation with Sudbury.com, Mayor Paul Lefebvre clarified that clearing encampments without alternative locations for people to go is not his intention, and that he doesn’t take forced treatment lightly, but that families have told him it might have saved the lives of their loved one.

In an open letter signed “on behalf of the Downtown Sudbury BIA,” the downtown advocates wrote that the broader community might also benefit from such actions.

“While we believe individuals should have autonomy over their health, society also needs protection when someone becomes violent or harmful to others,” they wrote. 

“This subset, though small among people experiencing homelessness, has a tangible impact on the daily lives of the community, including other members of the homeless population.”

Violent crime hit a record high in Greater Sudbury last year with 3,222 offences, which marked the eighth year of consecutive increases and an 11.3-per-cent jump from 2022.

In 2022, overall crime dropped by 39.7 per cent in Downtown Sudbury compared to the previous year, with violent crime dropping by 50 per cent (from 484 to 242 cases) and property crime dropping by 32.2 per cent (from 664 to 450 cases).

In 2023, violent crime in Downtown Sudbury held fairly steady at 2022 levels, with 437 violent incidents reported, while property crime closed in on 2021 levels by jumping to 662.

Although Downtown Sudbury’s letter notes that criminalizing drug use “has been shown to fail repeatedly,” they support it regardless.

“Unrestricted, open drug use can not function within a healthy community,” they wrote. 

“A balance must be struck between criminalizing those suffering from severe addiction and allowing drug use in spaces like schoolyards or daycares.”

The notwithstanding clause should not be invoked casually, they wrote, but the status quo has led to “tragic consequences.”

Sharing in the concerns expressed by the mayors in their open letter to Ford, Downtown Sudbury advocated for the following three points of priority:

  • Increased investment into mental health and addiction support
  • Focus on harm reduction and prevention
  • Empowerment through collaboration and partnerships

“The Downtown Sudbury BIA remains dedicated to fostering a safe, inclusive, and vibrant downtown for everyone,” they wrote. 

“By addressing the root causes of homelessness, mental health and addiction, and implementing compassionate, effective strategies, we believe we can build a stronger and more resilient community.”

Local homeless advocates have decried the mayors’ letter, noting that mandatory treatment has a proven track record for being ineffective and that further criminalization will only add further stigma to those suffering mental health, addictions and homelessness.

The following is the full open letter to mayor and council

The Downtown Sudbury BIA recognizes the complex and growing challenges surrounding homelessness, mental health, and addiction in our city. We understand that any issue warranting the use of the notwithstanding clause is not one to be taken lightly. As a community, we have both witnessed and participated in numerous efforts to address these issues. We’ve examined models from around the world with varying degrees of success, but have also seen these models struggle in Canada, where adjustments are required to align with our Charter. The places making progress are those that carefully balance the rights of the community with those of the individual. 

While we believe individuals should have autonomy over their health, society also needs protection when someone becomes violent or harmful to others. This subset, though small among people experiencing homelessness, has a tangible impact on the daily lives of the community,including other members of the homeless population. This group is currently slipping through a significant gap between our justice and healthcare systems, and making it even more difficult to help others experiencing homelessness access resources. We all agree criminalizing mental health issues is unacceptable, and we need options that protect public safety—an option our current system fails to provide. 

We also believe that treating addiction as a health issue is essential. Criminalizing drug use has been shown to fail repeatedly. At the same time, unrestricted, open drug use can not function within a healthy community. A balance must be struck between criminalizing those suffering from severe addiction and allowing drug use in spaces like schoolyards or daycares. Recent experiences with supervised consumption sites have shown that current rules for public drug use are too permissive; even with access to safer sites, users often prefer street use over restrictive consumption site rules. Our current system lacks a middle ground, either criminalizing behavior or permitting unrestricted drug use. 

The notwithstanding clause is not a tool to be used casually, but we have seen attempt after attempt to address this issue fail, with tragic consequences. This situation is a clear emergency requiring action beyond the measures cities across Canada have already tried. Mental health workers, police, and frontline service providers need appropriate tools to assist those in need.

We understand and share the concerns raised by the Mayor and fully support his commitment to finding effective, compassionate solutions. The Downtown Sudbury BIA firmly believes that a multi-faceted approach is essential to addressing these complex issues. We advocate for a balanced strategy that prioritizes the following: 

  • Increased Investment in Mental Health and Addiction Support: We urge all levels of government to prioritize and invest in accessible and comprehensive mental health and addiction services. This includes readily available treatment options, supportive housing, and harm reduction initiatives. 
  • Focus on Harm Reduction and Prevention: We support harm reduction strategies that prioritize the well-being of individuals struggling with addiction, while minimizing the impact on the downtown community. This includes initiatives such as supervised consumption sites and expanded access to naloxone. 
  • Empowerment Through Collaboration and Partnerships: Addressing these challenges requires a coordinated effort among all levels of government, service providers, businesses, and the community. We are committed to working alongside all stakeholders to develop and implement sustainable solutions. 

The Downtown Sudbury BIA remains dedicated to fostering a safe, inclusive, and vibrant downtown for everyone. By addressing the root causes of homelessness, mental health, and addiction and implementing compassionate, effective strategies, we believe we can build a stronger and more resilient community. 

On Behalf of the Downtown Sudbury BIA


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Tyler Clarke

About the Author: Tyler Clarke

Tyler Clarke covers city hall and political affairs for Sudbury.com.
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