Ontario judge seeking clarity on facts in supervised consumption site legal challenge

The Ontario judge overseeing the legal challenge of the province's ban on supervised consumption sites that are within 200 metres of schools and daycares says he's concerned he does not have all the facts to decide the case.

Justice John Callaghan says he recalled the lawyers unexpectedly to try to figure out some key facts in the case.

The Neighbourhood Group, which runs a consumption site in downtown Toronto, took the province to court to argue the new law violates the Constitution and the Charter of Rights and Freedoms because the sites save lives.

The province says it has not violated the Charter or the Constitution and its lawyers argued the case is merely about regulating the sites' locations.

But Health Minister Sylvia Jones has said recently the province would not allow any new sites to launch or any current ones to relocate. 

Callaghan issued an injunction in late March to allow 10 sites slated for closure on April 1 to remain open, but nine of those sites still closed as they had accepted offers from the province to transition to government-approved homelessness and addiction recovery hubs.

Jones said in the wake of the injunction that the province would withhold funding to the sites should they continue to offer supervised consumption services.

Callaghan says he did not have any evidence about the fact that nine of 10 sites closed due to reasons other than the legislation and was wondering if there were other facts he needed to consider.

The judge and lawyers agreed to discuss whether they need a case conference or if he has enough information in the court file to decide the case.

This report by The Canadian Press was first published April 7, 2025.