Canadian Drug Policy Coalition provides update on charter challenge

An update has been provided on a charter challenge against a law that could see the closure of CTS sites across the province at the end of the month.

The lawsuit, filed by The Neighbourhood Group Community Services and two individuals in Toronto argues that the Community Care and Recovery Act violates Section 7 – Life, liberty and security of the person and Section 15 – Equality rights of the Canadian Charter of Rights and Freedoms. It also argues that the law infringes on the federal criminal law, therefore making it outside of Ontario’s Jurisdiction.

DJ Larkin with the Canadian Drug Policy Coalition said the law needs to be assessed to see if it undermines public health and public safety.

“If the CCRA was enacted due to public safety concerns about drug use outside of supervised consumption sites, and it will force the closure of sites, that means options for people to use drugs indoors is decreased,” said Larkin. “So, the act ultimately leads to more public drug use.”

As of now, the law would lead to the closure of 10 CTS sites across the province, including in Kitchener and Guelph, starting April 1. The applicants are calling for the law to be put on hold while the case plays out in the courts.

The Waterloo Region Drug Action Team (WR DAT) says they have received intervenor status for the case. Michael Parkinson with WR DAT said the law will not bring relief and will lead to more deaths.

“During the pandemic, a consumption service was established locally at a temporary shelter with injection on the inside and inhalation on the outside, nobody died,” said Parkinson. “After that shelter closed, at least three residents were dead before Christmas.”

The case will come before the Ontario Superior Court of Justice in Toronto on March 24 and 25.