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Legal Action Against Bill 223 - Background

The Ford government’s decision to ignore evidence-based solutions for SCS, and force their closure started with its 2019 decision to defund the Kensington Market Overdose Prevention Site (KMOPS) and other sites without any warning. KMOPS is now solely funded by private donations. This decision was echoed in August 2024, when the Health Minister ignored two Government-commissioned reports that not only recommended maintaining SCS but increasing funding. In November 2024, the Province fast-tracked Bill 223 with limited debate in the legislature, and no public consultations. On December 4, the Bill passed, without any warning that the vote would even occur. As further evidence the Ford government seeks to restrict any SCS, the Bill clearly states provincial approval is required for any municipal request to Health Canada to open a site, and to receive federal funding.

According to both internal government advice and independent evaluations, it is widely expected that this new law will:
  • Kill, injure, or otherwise harm people in Ontario by removing their access to life-saving harm reduction services in the event of an overdose emergency;
  • Increase drug use in public places such as parks and school yards;
  • Increase the chances of people, including children, witnessing overdose emergencies;
  • Increase the amount of discarded drug use equipment in public spaces;
  • Increase the workload for already overburdened first responders, hospital emergency rooms, and other frontline staff;
  • Reduce ambulance availability for all members of the public; and
  • Increase costs to taxpayers.

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