An Ontario judge has granted an injunction to keep 10 supervised consumption sites open while he considers a Charter challenge of a new provincial law that bans the sites from operating within 200 metres of schools or daycares.
Justice John Callaghan of the Superior Court of Justice said all sites slated to close under the new law by April 1 can remain open until 30 days after he decides the case.
“The constitutional issues in this application are complex,” Callaghan wrote.
“My decision will require some time. Thus, I have reserved my decision on the Charter and other constitutional issues and the judgment will be released in the coming months.”
The Neighbourhood Group, which runs the Kensington Market Overdose Prevention Site in downtown Toronto, launched a lawsuit in December along with two people who use the space.
They argued in court earlier this week that the new law violates both the Charter of Rights and Freedoms and the Constitution, including the right to life, liberty and security of the person.
The province has argued the new law does not violate the Charter or the Constitution and that the legislation is necessary to protect the public, particularly children, from disorder and violence near the consumption sites.
Health officials and harm reduction advocates have warned people will die as a result of the closures should they proceed.
The judge said he granted an exemption to all supervised consumption sites so they can continue operating as usual. He said the harm to users of the sites outweighed the harm to the public on a time-limited basis while he considers his decision.
“Exempting the existing (supervised consumption sites) will have a substantial public benefit of preventing serious health risks and deaths which, in my view, outweighs the harm caused by the continued public disorder,” Callaghan wrote in his decision.
Province says it plans to proceed
In a statement on Friday, Hannah Jensen, spokesperson for Ontario Health Minister Sylvia Jones, said the provincial government brought in the law for public safety reasons.
“Our priority is to protect children and families from violent crime and dangerous public drug use occurring at drug injection sites located near schools and daycares,” Jensen said.
Nine of 10 consumption sites are to be converted to homelessness and addiction recovery treatment hubs, or HART hubs as the province call them. One of the sites, located inside the South Riverdale Community Health Centre, is already closed, having shut its doors for good on March 21.
Jensen said the ruling doesn’t change the province’s plans.
“The transition of the nine drug injection sites to Homelessness, Addiction and Recovery Treatment (HART) Hubs will proceed as planned on April 1st,” she said.
“Provincial funding for HART Hubs cannot be used for drug injection services and will be contingent on the organization not seeking to continue those services.”
