Councillor P. Wolf presented her motion related to consumption and treatment services and the closure of the sites locally. She expressed concern that the provincial government has operated in a manner that is not in the best interest of the community and allegedly in opposition to the injunction. She requested that the Committee consider the potential negative impact on the community and their support to advocate to the province ion order to continue to operate CTS sites. She also expressed concern that there has and will be increased mortality rates and costs to the community including to emergency services.
The Committee acknowledged the importance of the messages expressed by the delegations.
In response to the Committee, Fiona McCrea, Regional Solicitor and Director of Legal Services, explained that the courts cannot reverse legislation, however, the courts can determine if the legislation is constitutional in terms of whether it contravenes the Charter of Rights and Freedoms. If the Courts were to determine that the legislation was in contravention of the Charter then it would be deemed to be inoperable. Dr. Hsiu-Li Wang, Commissioner Public Health & Paramedic Services and Medical Officer of Health, further explained that the provincial government has said that the funding for HART Hub would be withdrawn if organizations attempt to continue CTS operations. The provincial government is currently proposing funding that would be four times the amount provided previously for CTS sites. Additionally, the provincial funding for HART Hubs are provided directly to the Waterloo HART Hub including community organizations. She also noted that the Region of Waterloo does not have a role in funding health services as that is a provincial responsibility; therefore both CTS and HART Hub sites should be provincially funded. The total cost of these health services is $1.2 million and if the Region were to take on the cost of these health services it would be very difficult to reverse the funding back to a provincial responsibility.
The Committee discussed and deliberated the motion including the necessity of supporting vulnerable individuals as well as the potential repercussions on the provincial funding for the HART Hub. The Committee noted that the province needs to increase their support in community and health services and that the Committee expressed support for having both a CTS site and HART Hub.
Responding to the Committee, F. McCrea and Dr. H. Wang confirmed that the provincial funding is discretionary and that they have stated that municipalities and boards are not permitted to support or advocate for CTS sites unless approved by the Minister of Health. Dr. H. Wang also confirmed that Regional Council has circulated a letter advocating to the province requesting that CTS sites remain open in September 2024 after which time the province legislatively restricted advocating for CTS sites. F. McCrea noted that minister approval is common legislative language and it seems clear that the minister would not approve authorizing the Region to advocate on behalf of CTS sites.
P. Wolf expressed frustration with the provincially legislated process that would limit advocacy and undemocratic practices.
Following Committee debate it was determined that Council requires further information including the relevant legislation and a legal opinion, specifically on Council's rights, related to the motion and so the Committee considered a motion to refer the motion to Regional Council on April 23, 2025.