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Peel’s supervised consumption site is no longer offering harm reduction services as of Tuesday despite an injunction granted by the Superior Court of Justice last week that would allow similar facilities to continue operating for the time being.
“Peel’s supervised consumption will NOT be providing safe consumption services or drug checking services past March 31, 2025. The injunction only impacts safe consumption sites closing due to their proximity to child care and schools,” a regional spokesperson confirmed to The Pointer. “Any next steps following the court injunction or decision on the application would require council approval. The federal exemption for Peel’s supervised consumption site was held by Moyo Health and Community Services, not the Regional Municipality of Peel.”
On Friday, Ontario Superior Court Judge John Callaghan ruled that the 10 sites ordered to close as a result of the PC legislation that restricted these sites from operating within 200 metres from schools and daycares could stay open (one site in the Kensington Market area of Toronto will remain open as a safe consumption facility after a legal challenge was launched). The exemption, he noted, is for a limited period until a final decision is made in an ongoing court challenge. In his decision, he wrote that the closure of the supervised consumption sites would cause “significant harm.”
The Province, however, said the court’s ruling has not changed the government’s plan and nine sites no longer offer safe consumption oversight to clients. Those facilities are now limited to serve as homelessness and addiction recovery treatment hubs.
Hannah Jensen, a spokesperson for the Health Minister’s office, said in an email to The Pointer the transition of the nine supervised consumption sites would “proceed as planned” Tuesday despite the injunction. “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.”
In addition to Peel’s site at 10 Peel Centre Drive in central-east Brampton, nine other sites in the province — located in Guelph, Kitchener, Hamilton, Ottawa, and four in Toronto — closed their harm reduction operations and, as of Tuesday, have now transitioned into the new homelessness and addiction recovery treatment (HART) hubs—Premier Doug Ford and his PC government’s latest response to curbing the opioid crisis, despite offering no evidence that these sites will directly stop people from using drugs. These hubs will not offer supervised drug consumption or needle exchange programs, measures that have proven to be life saving services for people battling addiction.
The move is a result of the Community Care and Recovery Act, passed in December, which introduced new requirements limiting the power of municipalities and local boards to support aspects of supervised consumption sites. Under the legislation, municipalities and local boards also now require provincial approval before applying for an exemption or renewal of an exemption to the Controlled Drugs and Substances Act for the purpose of operating a safe consumption site.
Toronto’s Kensington Market site — run by The Neighbourhood Group that initiated a lawsuit against the Province — will remain open. Lawyers of the group, which have argued the provincial legislation is unconstitutional and are pushing to see the legislation repealed, said the ban imposes on Charter-protected rights including life, liberty and security of the person. They also argue it infringes on the right to equal protection and equal benefit of the law without discrimination.
There is now uncertainty with the court injunction and what it will mean for the future of these sites. While the nine sites have transitioned over, it could be temporary while they wait for the final decision from the court.
“Communities and families across Ontario have made it clear that drug injection sites near schools and child-care centres make communities unsafe,” Sylvia Jones, Minister of Health, said in a press release accompanying the transitioning of the nine sites on Tuesday. “Our government is proud to announce the successful transition of these nine sites into new Homelessness and Addiction Recovery Treatment Hubs that will keep our communities safe, while giving those struggling with mental health and addictions challenges hope and the tools they need to break the cycle of addiction.”
What the Minister of Health and the Premier have refused to acknowledge, is that taking away these life-saving services which experts and data strongly suggest are essential to preventing opioid-related deaths, will not stop people from using drugs. While Jones has made efforts to present the announcement in a positive light and has maintained the Province is improving access for people struggling with addiction, it contradicts the findings from an auditor general report released in December, which revealed the PCs decision was made without any expert consultation.
In its review of Ontario’s Opioid Strategy, the Office of the Auditor General of Ontario found the decision, which facilitated the closure of several sites across the province and barred future sites from opening, “was made without proper planning, impact analysis or public consultations.” It revealed “no formal consultation with key external stakeholders affected by the proposed new model, as well as Public Health Ontario, were conducted prior to the announcement of the new decision.”
The Pointer has filed a Freedom of Information request for communications between Jones and other staff in the Ministry of Health related to the decision to close these sites. Despite the payment of initial fees, delays pushed the release of any information until after the February 27th election and The Pointer has yet to receive any documents.
In March 2024 Peel opened its first supervised consumption site to respond to a growing rate of opioid-related deaths in the community. The site successfully served over 760 clients and helped 50 individuals initiate on-site addictions treatment during its first year of operations.
In January the Ministry of Health informed the Region of Peel its safe consumption site “would need to cease operations for drug checking and supervised consumption services no later than March 31st.” The Ministry said any funding or hosting of an SCS on municipal property is deemed “municipal support” under the Act, and is therefore barred from operating. Moyo Health and Community Services, the operator of the site, was informed that the Health Canada exemption for Peel’s Urgent Public Health Need Site (UPHNS) would only be extended until March 31st to align with the provincial legislation.
A Health Canada spokesperson previously confirmed to The Pointer it is up to the provincial Minister of Health’s discretion if they wish to implement the exemption or not. While regional staff believed the federal government’s response goes beyond the provincial legislation, a report to council highlighted that “Peel must respond in accordance with the province’s position to minimize risk.”
While there is limited data available to assess opioid-related deaths in Peel since the opening of the site, staff said “preliminary data suggests that there is a declining trend of opioid toxicity deaths post implementation of the service.” An evaluation was initially expected to take place over the first two years after opening but will now be cut short. A transition period of 60 days beginning on April 1st is now required to support clients with referrals to supports and services and to complete the year-one evaluation.
Contrary to claims by Jones and Ford, regional staff and officials from Moyo both confirmed to council the UPHNS has operated without incident or concerns from neighbouring residents and local businesses to date. No discarded needles or drug equipment were found during needle sweeps conducted by staff, which were conducted three times per day, and there have been no reports of loitering in proximity of the site.
Peel Public Health staff are now working with community partners and other stakeholders to develop an expanded substance strategy, which will serve as an update to the current response “and identify approaches and collective actions to address the causes and effects of harms of substance use, related to prevention, harm reduction, treatment and justice/enforcement.” Staff will provide regional council with updates as the strategy development progresses, while any additional resources or supports will be identified through the 2026 budget process.
CMHA Peel Dufferin in Brampton is among the 28 new sites for the PCs HART Hubs that was selected through a province-wide call for proposals last fall. The Brampton hub will provide services 12 hours a day, seven days a week, including primary and psychiatric care; assessment; treatment; counselling; supportive housing and transitional beds; and case management for social assistance, among other services.
The primary objectives of the Brampton HART Hub, according to the Province, are to reduce encampments, improve access to primary care and social services, and “reduce risk of overdose by enhancing low-barrier, immediate, and coordinated mental health and addictions care.” It will not offer safe supply, supervised drug consumption or needle exchange programs. Regional staff previously said naloxone may be made available on site.
Email: paige.peacock@thepointer.com
Twitter: @mcpaigepeacock
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