Oshawa council kills motion urging enforcement of drug laws

Oshawa City Council was poised to vote on a motion that would formally request the federal prosecution service to enforce drug crimes within the city.

Oshawa City Council was poised to vote on a motion that would formally request the federal prosecution service to enforce drug crimes within the city. This move came after years of vandalism, attacks, and other related criminal activity. However, a procedural issue raised by a councillor ultimately led to the motion being defeated before it could be voted upon.

The motion titled “Controlled Substances within the City of Oshawa” would have applied citywide but primarily targeted the downtown core. It also asked the Durham Regional Police Service to follow the efforts of Edmonton and Peterborough’s police in arresting and seizing drugs to deter flagrant drug use.

Before reaching a vote, one councillor, Derek Giberson, raised a point of order, stating that the motion breached Supreme Court case law. Due to the point of order, the decision was handed to the chair, in this case, Mayor Dan Carter, who agreed.

Giberson told True North he argued that the motion was illegal as it was an “attempt to direct both prosecutors and law enforcement” and that it violated long-held separations of politics, the judiciary, law enforcement, and prosecutors.

The motion, however, was checked and approved by the city solicitor, according to John Gray, a city councillor. When asked what procedural law was violated, Giberson said his challenge wasn't “specific” to any procedure by law, but that the motion was “contrary to Canada’s system of laws.”

Carter did not respond when asked if it was common to rule a point of order based on the legal opinion of a member of council who is not a lawyer over the opinion of the City Solicitor.

The motion noted that possessing and openly using illicit substances is a criminal offence contrary to the Controlled Drugs and Substances Act, but that after police engagement, the Public Prosecution Service of Canada often does not follow through on charges.

“The open use of such substances has become flagrant in parts of the City of Oshawa, particularly in downtown Oshawa and the adjacent areas, and reduces the quality of life for law-abiding residents,” the motion reads. “The open use and availability of such substances in areas providing support to persons attempting to recover from addiction impedes the recovery efforts of persons who are attempting to be sober.”

The motion brought forward by Councillor Rosemary McConkey and seconded by Councillor John Neal noted that the open use of drugs brings with it a list of other issues to the community, such as assaults, property crimes, and prostitution.

McConkey’s motion also notes that section 4(1) of the CDSA justifies criminal prosecution for drug offenses in areas frequented by children and areas that “pose heightened risk” to a community's efforts to address drug use.

As the city council directs the community's efforts to address drug use, the motion aims to utilize the threshold of the law to add pressure to enforce and prosecute Section 4(1) of the CDSA.

Councillor Gray told True North that he was one of four who voted against the motion, along with McConkey, Neil, and Brian Nicolson, while the rest voted to uphold Carter's decision.

“Oshawa, like so many communities, has a huge homeless problem. And coupled with that, the homeless problem is a huge drug abuse problem, and there seems to be a problem with people,” Gray said.

He said that, along with drug use, comes vandalism, theft, public sex, and a general feeling of unsafety for many of his constituents.

“Our residents are no longer accepting the lawlessness, the bad behaviours, and they expect it to be cleaned up,” Gray said. “It was a real unfortunate circumstance where the motion was completely ruled out of order.”

Jamil Jivani, the Conservative MP for Bowmanville—Oshawa North, told True North that the motion addressed concerns he has been hearing from constituents before and during the last federal election. He called the motion a “much-needed step forward” and an “essential call to action.”

“The damage that drug use is doing to our community is undeniable. The open possession and use of drugs should not be tolerated, and its damage should not be downplayed in any way,” said Jivani. “My constituents want to see the law enforced and community safety prioritized by all levels of government. Residents deserve to feel safe, and businesses need to operate in an environment where their customers and property are protected.”

Julian Luke co-owns Victory Cigars Inc. and Old West Cannabis Company in downtown Oshawa with his brother-in-law, Kevin Newell. Luke wrote a letter to Oshawa’s councillors imploring them to vote in favour of the motion.

Luke told True North that something needs to change to protect those attempting to recover from addiction, as well as businesses and their patrons. Luke's letter detailed several instances of costly vandalism and victimization of his customers by the same individuals known to police.

“If you can make it difficult for the people who are dealing drugs, who are openly and flagrantly using drugs—if you can make that less of a cozy atmosphere for them—I think then you'll start to be able to identify the people that really need help.”

He said the police have been really supportive of businesses like his, with regular patrols of the area, but that their “hands are absolutely tied,” and the motion would have been a public declaration that the community wanted more action and enforcement of existing laws.