By Cecilia Nasmith
The Town of Cobourg has issued a Notice of Violation in connection with the proposed safe injection-overdose prevention site that was announced last week in a radio interview on Northumberland 89.7 FM.
It was at about the same time – on March 17 – that the town received a complaint regarding a property proposed for that use that was zoned Main Central Commercial. As a safe injection-overdose prevention site is not an approved or permitted use under that zoning (as per Zoning Bylaw 85-2003), the town's Municipal Law Enforcement and Licensing Department issued a Notice of Violation Wednesday morning.
Failure to comply with this notice of violation could result in a charge being laid under the Ontario Planning Act RSO 1990, with fines ranging from $25,000 to $50,000.
The matter was discussed at Monday's council meeting, with a motion put forth by Deputy Mayor Nicole Beatty. The motion states that the town had no previous knowledge of the operation and does not endorse it. It further calls on the proponents of this effort to follow the legal process to operate a supervised consumption site as approved and licensed by Health Canada, which calls for an application process that includes consultations with a broad range of community members,
Chief Administrative Officer Tracey Vaughan was disturbed by allegations that the operation is being carried on with the knowledge of town staff.
In fact, Vaughan said, “that group has consulted with staff in the past in terms of discussing the potential of a consumption site in the abstract. Not with a permanent location, not with the time frame or any specificity. So any remarks or feedback staff have given back to the group has been around sustainable measures to be able to look to implement sanctioned consumption sites through community engagement, an application process.”
Director of Legislative Services Brett Larmer added that enforcement measures are in place to ensure any such project “will operate within the confines of those policies and bylaws that are in place.”
The following day, Cobourg Police Services Board Chair Ron Kerr issued a statement on the planned unauthorized overdose-prevention site to be set up in town. The board does not support unauthorized safe-consumption sites, it said, but does support the lawful process of applying to establish such sites through Health Canada. Under existing laws and guidelines, he said, police have no legal authority to take enforcement or other action to remove such sites on private property. He added that the police service continues to adhere to the Federal Crown's 2020 directive not to charge or arrest individuals for simple possession, and to focus on more serious Controlled Drugs and Substances Act offences that raise public-safety concerns, such as drug trafficking.
“The Town of Cobourg is committed to the security and well-being of our community through the enforcement of municipal bylaws and municipal and provincial regulations,” the town's announcement said.
“Residents who are seeking information regarding the permitted use of their property are advised to speak with staff at the Town of Cobourg Planning Department by calling 905-372-1005.
“If anyone has any concerns or complaints regarding zoning or infractions to any municipal bylaws, please contact the Town of Cobourg Municipal Law Enforcement and Licensing Department at 9095-372-8380.”
