Alex Nuttall: Municipalities need the power to clean up public parks

We cannot continue to allow spaces intended for children to be taken over by drug addicts and homelessness

Published Oct 16, 2024  •  Last updated 0 minutes ago  •  3 minute read

Photo by Jason Payne/PNG

Injections sites, “safe supply” of drugs, unregulated encampments, tolerance of broken laws, lack of prosecution, a revolving-door justice system and a liberal interpretation of drug laws by the courts have all lead to where we are today, a society that is lawless and biased toward those who break the law.

We’ve reached a very sad day in North American society when we are putting the priorities of traumatized adults over the innocence of children. Places designed for kids to play are being taken over by homeless encampments, with many being home to unruly behaviour, open drug use and, in some cases, violence.

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When did the focus shift from creating spaces that are safe for kids to play, to creating places that are dedicated and “safe” for using hard drugs?

Let me be very clear: we absolutely must help those suffering with addictions, deteriorating mental health and homelessness. We need proper services that are actually assisting with the betterment of the lives of those dealing with these major issues, not just warehousing individuals and preventing them from succeeding in life.

I applaud the Ontario government for prioritizing hubs that provide rehabilitative services, counselling and referrals for housing. These are long-term objectives that should have been the priority for all levels of government since Day 1 of this crisis.

Ontario’s ministers of health and mental health are correct: Ontario does need a lot more capacity for rehab and treatment services. Let’s work towards rectifying this problem.

At the same time, our municipalities are shackled by court decisions, and we are lacking the power to enforce our own laws. Numerous court cases have undermined the ability of municipalities to maintain clean and safe environments.

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Threats of charges under human rights laws are being felt by municipal leaders.

Inaction on encampments has resulted in the proliferation of encampments. Not just in Barrie, Ont., where I serve as mayor, or in Canada, but throughout North America.

Municipalities are working together. Its time for provinces to work together, as well. Its time for provincial and federal governments to step up and weigh in on court cases that have resulted in an increase in crime and a decrease in public safety.

Police need the ability to police our neighbourhoods. Prosecutors need to be able to prosecute. Judges need to be given the proper direction and tools to enforce the laws.

As mayor, I, alongside many other mayors, are calling on both senior levels of government to:

1. seek intervenor status in any court case restricting municipal regulation of encampments in public parks;
2. advocate for the principle endorsed by United States Supreme Court (City of Grants Pass v. Johnson) that courts should not be dictating homelessness policy;
3. develop a compassionate and compulsory treatment plan for addicts;
4. use of the notwithstanding clause where necessary to meet the objectives above;
5. create diversion courts as a compassionate alternative to the bogged-down court system;
6. permit police officers to arrest people without a warrant who commit acts of repetitive trespass after having been directed by a police officer not to engage in such activity; and
7. allow charges of repetitive trespass to be refereed to a diversion court.

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Governments cannot sit on the sidelines while the courts write legislation. The notwithstanding clause is a tool that is available to restore municipal governments’ ability to maintain order and safety. This will not solve all problems, but will at least give mayors the opportunity to move forward and protect our most innocent and vulnerable citizens.

In Barrie, all options are on the table to ensure our children walking to school are safe in each and every park, especially those near elementary schools. We ask other levels of government to do the same. Consider every option available to restore safe parks and safe neighbourhoods, while helping those who have lost their way.

National Post

Alex Nuttall is mayor of Barrie, Ont.

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