Injunction for consumption sites welcomed but future remains uncertain

The operator of Kitchener’s Consumption Treatment Services (CTS) site is welcoming a court injunction granted on Friday to keep 10 supervised drug consumption sites open until a Charter challenge can be heard on the matter.

However, Sanguen Health Centre says it will be challenging to continue offering consumption services given the province’s comment that funding won’t be extended to facilities offering supervised consumption.

The Kitchener site is one of 10 that the province has ordered closed because of their proximity to schools or daycares.

On Friday, Justice John Callaghan of the Superior Court of Justice said all sites slated to close by April 1 under provincial law can remain open until 30 days after he decides the case.

“This ruling acknowledges the serious concerns raised by Sanguen and a coalition of partners who challenged the Act given the potential harm caused by closing these life-saving services,” said Sanguen’s director of communications, Julie Kalbfleisch, in a statement to CTV News.

While the injunction is welcome news for some, others say it comes too late.

“I wish they would have started a little bit earlier,” said Regional Councillor, Jim Erb. “To me, it appears that it’s too late to make any significant difference. Most of the sites, or at least the Region of Waterloo site, is basically wound down, and we’re going to be ready to begin the operation of the new Hart Hub on April 1st.”

Kalbfleisch also raised concerns about next steps.

“While this decision is an encouraging step, we remain deeply concerned that the province has confirmed it will not provide ongoing funding to SCSs, making it extremely challenging to continue operations.”

“We are proud to have stood alongside partners in advocating for evidence-based harm reduction, and we urge the province to reconsider its approach. We will continue to encourage policies that prioritize human rights for all,” said Kalbfleisch.

Last year the province introduced new rules banning the sites within 200 metres of schools and daycares, including the sites in Kitchener and Guelph. Taking its place were set to be Homelessness and Addiction Recovery Treatment (HART) Hubs.

But the provincial government quickly signalled after Friday’s ruling that it intends to move forward with an abstinence-based treatment model already set to begin on April 1.

A spokesperson for Health Minister Sylvia Jones suggested provincial funding for new homelessness and addiction recovery treatment hubs will be withheld if they continue to offer supervised consumption services.

The decision to grant an injunction came as part of a legal process initiated by The Neighbourhood Group, which runs the Kensington Market Overdose Prevention Site in downtown Toronto -- the only site out of those facing closure that is not slated for conversion.

The Waterloo Region Drug Action Team is among the groups who’ve joined the Charter challenge in court. They are calling the injunction big news.

“It’s a huge win for public health and safety right across Ontario,” said team member, Michael Parkinson. “It’s a big win for all of the advocates who stepped up, from local councils to volunteers to people who use substances and so many more. We are thrilled at the win, we know it is temporary.”

Parkinson said they plan to ask regional council for emergency funding for the Kitchener site.

“There are still concerns about funding, about leases expiring...we will be pressing area MPPs to scrap the Community Care and Recovery Act because it clearly isn’t in the best interest of the public.”

But Erb said even if the site was granted emergency funding, he’s uncertain it would make a difference.

“I’m not sure what good the funding will do when we do not have the exemption from the federal government. What I hope we would be able to do is recognize that we have to move to a new model and work at that with the staff with the House of Friendship and with the community health care centre who are going to operate the new Hart model.”

It’s unclear how long consumption services will be offered in Kitchener. The question now is, how long these doors will stay open.

“We’re in the middle of a raging public health emergency that takes the life of someone in Ontario every 2.5 hours,” said Parkinson. “We need emergency interventions that are proven to work.”

With files from The Canadian Press