Early next week an Ontario Superior Court judge will hear arguments that Ontario’s Community Care and Recovery Act is unconstitutional.
Filed by three people who use consumption treatment service sites, the argument states the law violates their section seven right to life, liberty and security of person and section 15 right to equal treatment under the law.
The Community Care and Recovery Act was passed into law last year by Doug Ford’s PC government.
The act called for the immediate closure of ten consumption treatment service (CTS) sites across Ontario, largely due to their proximity to a school or daycare. (hyper link here)
The applicants, supported by community advocacy groups across the province, said this law puts vulnerable people in danger.
“We’re suggesting that the fact that so many people will die because of this act, violates those Charter rights and supersedes any potential public safety arguments that the government may make,” said Michael Parkinson with the Waterloo Region Drug Action Team.
He says the evidence will show the law in unconstitutional.
“This is clearly an act of government that violates those principles. We know people will die. We know people will be injured … the government is going on about safety and safety of communities and parks and children and all that without any evidence,” Parkinson said.
After oral arguments, a judge could impose a temporary injunction that would allow the sites to remain open.
After that it would be up to the judge to make a ruling on the constitutionality of the law.
If an injunction is granted and the CTS are allowed to remain open, they would be required to find a new funding source due to the province withdrawing money from the programs.
