Item - 2024.HL20.1

The Board of Health:

1. Requested the Medical Officer of Health or Acting Medical Officer of Health, to provide evidence in support of the Superior Court Application bearing Court File No. CV-24-00732861-0000 if requested by the Applicants and as determined appropriate by the City Solicitor.

2. Requested the City Solicitor to advise the applicants and the respondent of the Board of Health's potential intention to intervene in the Superior Court Application bearing Court File No. CV-24-00732861-0000 by January 10, 2025.

The Board of Health recessed its public meeting to meet in closed session to consider the item as it pertains to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

The Neighbourhood Group, operator of the Kensington Market Overdose Prevention Site, has brought forward a legal challenge to the Community Care and Recovery Act, which was officially adopted on December 4th after it was fast-tracked by the Provincial government. The Act will force the closure of at least five supervised consumption sites in Toronto, causing grave concern about the safety of people who use drugs, the impact on our communities and the strain that will be put on our emergency services.

The legal challenge being brought forward by The Neighbourhood Group and two safe consumption site users argues that the Community Care and Recovery Act violates the rights and freedoms of people who use drugs, including the right to protection from cruel and unusual punishment and the right to life, liberty and security of the person. It also argues that the provincial government has overstepped into federal jurisdiction by enacting the Community Care and Recovery Act.

We, at the Board of Health, have been following this legislation closely and have on several occasions stated our opposition to it. I believe it is appropriate that we continue on this path by supporting The Neighbourhood Group as they pursue a legal challenge against the Community Care and Recovery Act.