Use of notwithstanding clause for forced drug treatment ‘dangerous’ threat to human rights in Ontario, advocates say

Human rights advocates say there’s nothing “compassionate” about a proposal from Ontario mayors asking to bring involuntary drug treatment to the province, and that the possible use of the notwithstanding clause is “dangerous” to fundamental rights and freedoms.

Ontario’s Big City Mayors will meet on Monday with a resolution on the agenda that could see them ask the province to expand the use of forced treatment to people with mental health or addiction issues.

Brampton Mayor Patrick Brown is in favour of the proposal and has sent a similar request to the province, saying forced treatment could save lives and help cut down on the around 18,000 police-attended overdoses and 328 fatalities between January 2022 and June 2024 in Mississauga and Brampton.

But Canadian human rights advocates say the proposal is a risk to civil liberties as it would “advise the provincial and federal governments
to invoke the notwithstanding clause” to skirt around the Canadian Charter of Rights and Freedoms.

“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,” the Canadian Civil Liberties Association said in an open letter to Ontario’s Big City Mayors caucus.

Involuntary treatment is already an option in Ontario under the Mental Health Act if someone is a danger to themselves or others, but Brown and other mayors want to see its use expanded to people suffering from chronic mental health and addiction issues.

He prefers the term “compassionate intervention” over involuntary treatment, but the CCLA says “there is nothing compassionate about forcing people into treatment when they are not ready or willing to do so themselves.”

“Forced treatment directly impacts the rights to liberty and security guaranteed under section 7 of the Canadian Charter of Rights and Freedoms,” the CCLA says. “Courts have recognized that the right to refuse unwanted medical treatment is fundamental to a person’s dignity and autonomy.”

Involuntary treatments are also “akin to arbitrary detention, and could be contrary to section 9 of our Charter.”

With a more than 12 month wait time to get into a treatment program and nine months for psychotherapy, Peel Regional Council is pushing for the province to commit more funding to voluntary treatment programs – a move the CCLA says is also needed.

“Instead of considering expanding the use of this highly controversial practice—whose effectiveness is questionable and not proven, particularly for addiction treatment—governments should address the chronic lack of funding to expand capacity for voluntary treatment,” the CCLA says.

The CCLA is urging Ontario’s Big City Mayors to vote against the proposed resolution on Monday.

“The notwithstanding clause was also never intended to be used—and should never be used—to weaken or harm legal protections for marginalized and vulnerable communities. Its invocation should not be taken lightly nor normalized by anyone—including mayors.”