LOLG Files Constitutional Challenge to Ontario Law Banning Supervised Consumption Sites

Rahool Agarwal is representing a supervised consumption site operator and two site users in a constitutional challenge to the Community Care and Recovery Act, 2024. The Ontario government’s new legislation will ban all supervised consumption sites within 200 metres of schools and child care centres, and also prohibits municipalities and other organizations from applying to operate new supervised consumption sites. Ten sites across Ontario will be forced to close, including five in Toronto.

Supervised consumption services have been offered in Ontario since 2017. They were implemented as a response to a dramatic increase in overdose deaths caused by the toxic contamination of the street drug supply.  The scientific evidence overwhelmingly demonstrates that supervised consumption services lead to remarkably positive health outcomes – they virtually eliminate the risk of death by overdose and substantially reduce the transmission of infectious diseases.

The challenge argues that the new legislation violates sections 7, 12 and 15 of the Charter of Rights and Freedoms, and violates principles of federalism and the division of powers.

Rahool is co-counsel with Carlo Di Carlo and Olivia Eng of Stockwoods LLP and Avnish Nanda of Nanda & Company.

The Notice of Application can be found here: 2024 12 09 - Issued Notice of Application -The Neighbourhood Group

News coverage can be found here: CBC News  CTV News