LILLEY UNLEASHED: Doug Ford is right about judge’s ‘craziest’ decision
Ontario Premier Doug Ford has some choice words for a judge who's going way too far.Hi, I'm Brian Lilly, political columnist for the Toronto Sun.Maybe you heard some of Premier Ford's words for Justice Michael Gibson out of Waterloo over his decision to say you can't move a homeless encampment in order to build much -needed transit infrastructure.
It's the most ridiculous ruling I've ever seen.I wish I could get that guy's address.I'll send 15 encampments in his backyard and see how he likes it.The craziest decision I've ever heard.But there's a lot of crazy decisions coming from our courts lately.This judge, she slipped off the cracker with this guy.
I'm sorry, the guy's a few fries short of a happy meal and he just doesn't get it.These just ridiculous, ridiculous decisions.
Now Ford has called this decision beyond ridiculous.He has railed against it and for good reason.Justice Gibson is all wrong.And as Ford points out, unless this decision is appealed and overturned, nobody can touch this judge.
They're not accountable to anyone.I'm accountable to every single person.Everyone in this province is accountable to someone.But guess who's not accountable?these lifelong judges that can't be touched.No one can touch them.
They can come up with radical decisions that is totally against what the people want.
So what is so wrong with this decision?Well, we've got about 30 people who are at a homeless encampment in Waterloo, Ontario.Metrolinx wants to build a much -needed transit hub there, including a GO Train station.Work has been delayed about four years now because different judges keep saying you cannot move this homeless encampment that was set up during the pandemic.Why?Because they say, well, drugs can't be used in emergency shelters and many motels there where the region, Regional Municipality of Waterloo, would like to house these people.
They don't want people smoking crack in them either.This is nothyperbole.This is not me stretching things.This is right within the decision.Let me read to you the words that Justice Gibson wrote.
Emergency shelters are not always appropriate or available for people who lack capacity, have serious mental health and or substance use issues.That's one quote from Justice Gibbs.In a few lines later, he says motels do not provide the level of support required for high needs individuals.Behavioral issues frequently lead to eviction and unsupervised drug use can lead to overdose with no one nearby to notice or assist a risk that may be mitigated by the buddy system in the encampment.Translation, you can't move these people because they can't do the drugs they want to do.That's the essence of this decision.
This is not a court decision about homelessness.This is about whether the court can intervene and start saying, you have to do specific policy things, government.You have to do this.things the way that we tell you in terms of how you lay out and deliver public policy.And in this case, they're saying you've got to allow people to smoke their crack, their meth, do their opioids in the emergency shelters or whatever housing that you are giving them.He also goes on later on to describe how you need to provide adequate housing.
Again, let me read from the ruling.He writes, adequate housing with all necessary amenities must be provided to all residents prior to eviction.That line turns Canada's charter on its head.Canada's charter is about protecting you from government overreach.That line is saying government must provide you with the services that I, the judge, believe you need to have.In another line, here's what he says, that means that being homeless is the same as your race, your ethnicity, your sexuality, your gender.
These are all immutable characteristics.And he's now saying it's got to be the same.But that line, in my view, the time has come.That is not a legal opinion.That is Justice Gibson's personal political opinion.Justice Gibson, here's my message to you.
If you want to make pronouncements like that, resign from the bench and run for public office because you are overstepping your right.abilities, you are overstepping your responsibilities, and this goes way too far.Premier Ford was asked if he would use the Notwithstanding Clause.If this is not overturned, he just said stay tuned and they'll continue to look at it, but did hint that this is why the Notwithstanding Clause is in there.And Premier Ford is absolutely right.This is a ruling that uses international law, UN documents, non -binding agreements, and turns them into Canadian law in order to change the Charter.
This ruling is an aberration when it comes to Canadian legal tradition.It needs to be overturned and with force by a higher court to make sure that no judge ever acts like Gibson did again.Let me know what you think, drop a comment down below, share this on social media, and don't forget to subscribe.
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