An Ontario judge has granted a court order to keep 10 supervised consumption sites open, while considering a charter challenge of a new provincial law that prohibits the sites from operating within 200 meters of schools or nurseries.
Judge John Callaghan of the Superior Court of Justice said that all sites scheduled to close under the new law before April 1 can remain open up to 30 days after he decides the case.
“The constitutional problems in this application are complex,” Callaghan wrote.
“My decision will require some time. Therefore, I have reserved my decision on the letter and other constitutional issues and the trial will be published in the coming months.”
The neighborhood group, which directs the Kensington market overdose prevention site in the center of Toronto, launched a demand in December along with two people who use the space.
They argued in the Court at the beginning of this week that the new law violates both the Charter of Rights and Liberties and the Constitution, including the right to life, freedom and security of the person.
The neighborhood group held the decision on a publication on its website.
While the group expects the final decision of the court, the court order “helps us save lives and improve the health of people who use substances,” says the post.
The province has argued that the new law does not violate the letter or the Constitution and that the legislation is necessary to protect the public, particularly children, disorder and violence near consumption sites.
Health officials and defenders of damage reduction have warned that people will die as a result of closures if they continue.
The judge said he granted an exemption to all supervised consumption sites so that they can continue to operate as usual. He said that the damage to the users of the sites exceeded the damage to the public in a limited way while considering their decision.
“Exempting existing ones (supervised consumption sites) will have a substantial public benefit to prevent serious risks and health deaths that, in my opinion, exceeds the damage caused by the continuous public disorder,” Callaghan wrote in his decision.
Province says that the ruling does not change its plans
In a statement on Friday, Hannah Jensen, spokesman for the Minister of Health of Ontario, Sylvia Jones, said the provincial government presented the law for public security reasons.
“Our priority is to protect children and the families from violent crime and the use of dangerous public drugs that occur in drug injection sites located near schools and nurseries,” said Jensen.
Nine of 10 consumer sites will become centers for the recovery treatment of homeless and addiction, or Hart Centers as the province calls them. One of the sites, located within the South Riverdale Community Health Center, is already closed, since it closed its doors forever on March 21.
Jensen said the ruling does not change the plans of the province.
“The transition from the nine drug injection sites to homeless centers, addiction and recovery treatment (HART) will proceed as planned on April 1,” he said.
“Provincial financing for HART centers cannot be used for drug injection services and will depend on the organization does not seek to continue those services.”
