Ontario supervised consumption sites get reprieve through injunction

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Ontario supervised consumption sites get reprieve through injunction
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March 29, 2025

The judge deciding whether or not supervised drug injection sites located near schools or daycare centres can remain open has granted an injunction allowing them to keep operating in the short term.

Ten supervised consumption sites located within 200 metres of schools or daycare centres had been slated to close on or before March 31 under a law introduced by the Ford government late last year.

In December, the Neighbourhood Group, which runs a supervised consumption site in downtown Toronto, launched a lawsuit looking to have the law thrown out and asking to be allowed to stay open.

It was given its day in court this week, where its lawyers argued that the law forcing its closure violates the rights to life, liberty and security of a person.

The group is looking to have the law struck down on those grounds, saying closure will force people to take untested drugs in unsafe locations and will lead to more overdoses and deaths.

The government’s lawyers have said the sites are free to relocate under the technical terms of the law, something the Minster of Health has said she will not allow them to do.

The province also said closing the sites near children is necessary to protect them from disorder or violence.

As well as asking the court to strike down the law, the advocates were seeking to delay closure being forced upon them under the law, which stipulated the 10 sites near daycares must close on or before March 31.

On Friday, Superior Court Justice John Callaghan granted that injunction.

He said the sites slated for closure could remain open beyond that date. He said they will be allowed to operate until he comes to a decision.

Bill Sinclair, who runs the Neighbourhood Group, told Global News the reprieve was welcome.

“It’s a great first step,” he said. “We asked for the injunction so we could stay open. We asked for this entire case so we could stay open. We’re thrilled and it’s wonderful we can stay open on Tuesday and people who come to see us will be able to continue to.”

The injunction adds some certainty to the future of the downtown Toronto site. In his ruling, the judge said he would allow sites to stay open 30 days after his final decision, even if that decision is for them to close.

“The injunction will only last until a decision is rendered, with an additional 30 days to allow the Applicants to seek a further injunction at the appellate level if necessary,” he wrote in his decision.

The ruling, however, does not mean all 10 supervised consumption sites slated for closure by April 1 will remain open.

Excluding the Neighbourhood Group, the other nine sites will transition to intensive addiction recovery centres through government funding. That funding is contingent on ending supervised consumption.

“The transition of the nine drug injection sites to Homelessness, Addiction and Recovery Treatment (HART) Hubs will proceed as planned on April 1st,” a spokesperson for the Ministry of Health told Global News.

“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.”

Sinclair said he hoped his site would be able to stay open but underscored he was supportive of the government’s HART hubs, which will roll out across the province and not only replace the nine supervised consumption sites.

“HART Hubs are important too,” he said. “It’s more doctors, more nurses, more treatment, more housing. We asked for those things and we want those things.”