A ‘significant issue,’ says applicants’ lawyer, as Charter challenge hearing for Ontario’s new drug policy law approaches

The Kensington Market Overdose Prevention Site is one of five supervised consumption services in Toronto slated to be closed by the end of March 2025. (Joanna Lavoie/CP24)

The fate of 10 supervised drug consumption sites (SCS) that are slated to close at the end of the month could soon be decided, as a judge considers a last-ditch legal challenge filed by one of the operators.

In December, The Neighbourhood Group (TNG) Community Services and two co-applicants launched a charter challenge arguing that the Community Care and Recovery Act (CCRA) violates the Charter of Rights and Freedoms.

The community organization operates a SCS in Kensington Market that would be among those forced to close by language in the new legislation, which prohibites these facilities from operating within 200 metres of schools and childcare centres.

They charge that the closure of the sites violates three provisions under the charter, including the right to life, liberty, and security of the person.

After several case conferences during which expert witnesses provided evidence and were cross examined by both sides, an application hearing is now set for March 24 and 25.

At that time, a judge will review transcripts, witness affidavits, and written legal arguments as well as consider oral arguments before making their decision.

The magistrate will also consider a request for an injunction that could allow the sites to remain open while a decision on the case is made.

“Such an injunction is necessary to maintain the status quo until such time as this court is prepared to rule on the application,” the applicants stated in their legal arguments.

Premier Doug Ford has previously defended the decision to introduce legislation that will result in the closure of some supervised consumption sites, telling reporters last summer that he has received “endless phone calls about needles being in the parks, needles being by the schools, and by the daycares.”

Ford has also questioned whether the sites have actually made much of a difference for those struggling with an addiction.

“Giving someone, an addict, a place to do their injections, we haven’t seen it get better. This was supposed to be the greatest thing since sliced bread,” he said abck in August.

“It’s the worst thing that could ever happen to a community to have one of these safe injection sites in their neighbourhood.”

A ‘significant issue,’ says applicants’ lawyer

Carlo Di Carlo, of Stockwoods LLP, is one of the lawyers providing pro-bono legal services to TNG for the charter challenge.

“I’m not surprised that the Superior Court found time for something like this. [They] will find time for urgent matters and matters of significance,” he said.

“This is a significant issue. It’s going to affect Ontarians one way or another.”

Di Carlo said the case is really about ensuing the legal right to open and offer supervised consumption services and other related harm reduction programs in Ontario. The question of who should fund these sites and related services is a whole other matter, he explained.

Kensington Market SCS has no plans to close for now

The Neighbourhood Group opened and has operated the Kensington Market Overdose Prevention Site (KMOPS) since 2019.

Unlike the other affected SCS across the province, KMOPS, which is the only donor-funded one, does not plan to close its doors at this time.

Bill Sinclair, TNG’s executive director, told CP24 that they’re hoping for a positive outcome in court and intend to continue offering supervised consumption services for years to come.

“We are staying open. We are deeply concerned and fearful about the upcoming closures of these other sites,” he wrote in an email to CP24.com.

“It will be extremely tragic if people die on our streets from overdoses that we been successfully preventing for the past six years with good healthcare. We ask the government to work with us to save lives.”

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The nine other affected SCS, four of which are located in Toronto, are funded by the Ontario government. Known as Consumption and Treatment Service (CTS) programs, they are all currently in the process of closing or have already closed.

“All nine drug injection sites located dangerously close to a school or daycare are transitioning to a HART Hub and will be operational on April 1st. Each Hub will deliver comprehensive recovery and treatment services and, social supports will be eligible for up to four times more funding than they received as a CTS,” Hannah Jensen, a spokesperson for the Ontario Ministry of Health, wrote in an email to CP24.com.

“Enough is enough and we are taking action to clean up our streets and protect children and their families while taking the next step to create a system of care that prioritizes community safety, treatment, and recovery … .”

• Ontario hires private investigations firm to probe supervised consumption sites amid Charter challenge

Last August, just over a year after a mother of two was fatally shot across the street from South Riverdale Community Health Centre’s CTS following what is alleged top have been a fight between drug dealers, Health Minister and Deputy Premier Sylvia Jones announced sweeping changes were coming to Ontario’s drug policy.

Bill 223, now know officially as the Community Care and Recovery Act, 2024, was passed on Dec. 4 without committee review, input from affected communities, or debate.

Aside from closing SCS sites near schools and childcare centres, it mandates additional safety and security measures at the remaining ones and prohibits municipalities or organizations from opening new sites or seeking federal money for safe supply programs, without the province’s approval. The legislation also bar municipalities from applying for drug decriminalization exemptions from the federal government.

CP24.com requested a comment from the Ontario Ministry of the Attorney General, but we have not heard back.