Waterloo regional councillors balk at asking province to fund CTS out of fear of losing HART hub funding

Region of Waterloo councillors have voted to defer any decision about whether they should send a letter to the province to ask for funding for the consumption and treatment services (CTS) site.

During a community and health services committee meeting, some councillors said they were concerned even asking for the province to support the CTS would lead to the region losing its funding for the homelessness and addictions recovery treatment (HART) hub, which opened April 1.

Coun. Pam Wolf encouraged her council colleagues to "act courageously" to send a letter to the province.

"Silence is dangerous," Wolf said.

"It is not only my belief that CTS is good for our community that prompted my presenting the motion. I am very concerned when government defies the spirit of a court order," Wolf added,.

The court order Wolf mentioned was a decision by an Ontario Superior Court judge in Toronto to grant an injunction that would allow CTS sites to remain open while he considered a case that argued closing the sites went against people's Charter rights. Justice John Callaghan is still making a decision on the Charter challenge.

Despite the ruling, Health Minister Sylvia Jones has said the province would not fund CTS sites. Without funding, most of the sites, including Kitchener and Guelph, had to close.

Waterloo region was ordered to close its CTS site in Kitchener as of March 31 because the province said it was located within 200 metres of a daycare. A HART hub opened at 44 Francis Street S. in Kitchener on April 1, operated by the organization Community Healthcaring Kitchener-Waterloo.

WATCH | Kitchener's CTS site closes:

Legislation prohibits writing letters of support, councillors told

There were questions raised about whether councillors were even allowed to send a letter to the provincial health minister.

Dr. Hsiu-Li Wang, the region's medical officer of health for the region, told council that provincial legislation passed last year indicates the region could potentially put HART hub funding at risk if they send a letter. 

"With the legislation they passed last year, municipalities and boards are not permitted to support CTS, including writing letters of support, unless approved by the minister," Wang said.

"The minister's public comments have been very consistent since then, which is that the government is not going to reverse its decision on CTS. It will be moving forward with HART hubs and they have publicly stated more than once that funding for HART Hub would be withdrawn if organizations try to continue CTS operations."

Woolwich Mayor Sandy Shantz said she was concerned they would be "shooting ourselves in the foot" if they requested the province support the CTS.

"I don't want to get a CTS site and have the HART hub disappear on us," Shantz said.

'They will blacklist you,' councillor says

Coun. Doug Craig, who is also the former mayor of Cambridge, said he doesn't think the province would listen, even if they did send a letter.

"I can tell you from experience of 40 years, they won't listen to you. They don't listen to us now. They're not listening to you when you send letters out. And I think we have to come to terms with that," he said.

"If you cross the province or publicly go after them, they will blacklist you and come back at you at some later date. That's how they operate and that's been going on for years behind the scenes and a lot of us know how it operates," Craig added.

"I think we have to be positive. We have to do a better job with addiction problems we have and we have to address this in a more substantive way."

Coun. Chantel Huinink said there's no question the CTS saved lives and that it could work alongside the HART hub.

"The question is: Is the current provincial government trustworthy enough to put funding into the CTS during the interim of opening the HART hub? And because I think the answer to that is unfortunately, no," she said.

"I'm not willing to put four times the risk of funding for similar services that may not be meeting a particular need, but still four times the amount of funding and related services at risk to maintain the CTS in the short term. And I'm so sorry and it breaks my heart."

Need to review legislation, get legal advice: Kitchener mayor

Kitchener Mayor Berry Vrbanovic asked to defer the motion until they had more guidance about what it would mean if they sent a letter to the province.

Vrbanovic says the actual legislation needs to be reviewed. He would also like a legal opinion on what the legislation says and what the rights are of the council to be able to speak about the issue.

"What are our rights and can that legislation withhold those rights from this council?" he said.

The motion is expected to be brought back to the April 23 council meeting.

In a letter sent after the meeting, the Waterloo Region Drug Action Team said the decision to defer the vote on whether to send a letter was "another dark day for democracy."

"The province could provide the health and safety relief we all seek by, at a minimum, respecting the court injunction.  It is unfair to place local municipalities in life-death decisions. One delegate called the provincial actions 'a defacto download of misery.' We agree," the letter said.