The so-called Toronto Model of drug decriminalization has long been a reality, even though it was shot down by the federal government, newly released documents show.
And Toronto health officials say police have for years given children the green light to do drugs.
“Toronto Police Services have confirmed that, as a part of de facto decriminalization, there have been minimal to nil possession charges for youth since 2019,” says a document from Toronto Public Health, released to The Toronto Sun through a freedom-of-information request.
While Toronto Public Health’s (TPH) headline-making decriminalization efforts, under the leadership of Medical Officer of Health Eileen de Villa, were rejected by the federal government in May, the 292 pages of presentations, emails and other correspondence released to the Sun show some at the city weren’t exactly asking for permission.
“The proposed Toronto Model of Decriminalization would extend and formalize current de facto decriminalization, preventing the criminalization of all people for possession for personal use,” TPH officials wrote in a response to a question from Health Canada.
Many of the documents date from spring 2023, around the time the city sent an updated proposal to Health Canada. The documents make clear that decriminalization means for all drugs, in any amount, and in nearly every part of the city, with private businesses left to “create” their own policies – and if the cops get called in, they “may” remove drug users who don’t want to go.
It’s also clear that Toronto Police Chief Myron Demkiw was on board with the TPH effort, appearing alongside de Villa at an internal briefing, co-signing documents with her and writing a letter about decriminalization to then-addictions minister Carolyn Bennett.
Police spokesperson Stephanie Sayer said in a brief statement that she could not “speak to the comments of the documents” from another agency, deferring to TPH, but insisted “the public use of illicit drugs in the city of Toronto is illegal.” Specific questions about “de facto decriminalization” and youth drug crime, and if these policies are in place, were ignored, but in a followup, Sayer said “decriminalization must be part of a holistic strategy that prioritizes both public health and public safety.”
TPH, in a statement, referred only to a paragraph in Demkiw’s letter to Bennett, which said “Toronto has seen initial success under de facto decriminalization,” which was guided by directions from the Public Prosecution Service of Canada and his predecessor, James Ramer, to “minimize” possession charges. “As the chief of police, I affirm this direction,” Demkiw added. TPH referred the Sun’s questions back to police.
According to notes on a March 2023 briefing to City Manager Paul Johnson, de Villa, appearing alongside Demkiw, said decriminalization “for youth will have many health and social benefits.”
“This is another area where we are taking a different approach from what was approved for British Columbia, and recommending that there is no age requirement as part of our approach,” de Villa added.
The documents make little distinction between drug-using children and adults beyond suggesting that kids, unlike adults, would have their dope confiscated if caught by cops. (Adults face confiscation only in cases such as trafficking and impaired driving.) Even this is unclear: One document says given their “unique health considerations … substances may be confiscated if they are in possession by youth, aged 17 and under.”
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The issue of children was one of the elements that drew scrutiny from Jen Saxe, director general of Health Canada’s controlled substances directorate. Among other questions, Saxe asked de Villa for the “rationale” for including children in decriminalization, and for treating drugs differently than alcohol or tobacco.
Saxe also asked for de Villa to “clarify TPH’s definition of youth,” wondering if it meant children 12 and up. No response to that question exists in the documents provided to the Sun, and none of the documents define youth as anything but those under 18. (Health Canada referred all questions from the Sun to TPH.)
The documents insist “decriminalization is not legalization” and the changes wouldn’t result in legal availability — like the proliferation of pot shops under the Trudeau government. They do, however, say drug use can happen anywhere.
“To avoid creating unfair rules based on where someone may live or work in the city, the Toronto Model should apply to all areas of the city, except for the entire premises of following locations: child-care facilities, K-12 schools, airports,” to “maintain alignment” with provincial and federal laws that apply to those places, one document says.
However, in a draft apparently based on the city’s initial 2022 proposal, a section on “city-wide” decriminalization makes no mention of schools or other exemptions, and says it would apply everywhere “to avoid creating inequitable rules based on where one lives and/or migrates in the city … This approach is currently in place as a part of de facto decriminalization.”
In another document, TPH told Health Canada that people “will be encouraged to use drugs … away from areas of concern” such as at business entrances and “near” playgrounds.
The feds have told TPH that without provincial buy-in, decriminalization can’t work. In a statement, Hannah Jensen, director of communications for Health Minister Sylvia Jones, said the province “believes decriminalization is a failed project and has expressed that to the City of Toronto.”
Decriminalization “encourages dangerous behaviour in public spaces, victimizes innocent people and undermines law enforcement’s ability to protect our communities,” Jensen added.
While TPH touts its model as more liberal than the system that existed in B.C. – itself derided by Jensen as “disastrous” – one idea it borrowed was the handing out of referral cards, rather than criminal charges.
“The referral card will contain information for adults and youth to help connect them to a range of health and social supports,” one document says – but only if they wish to do so.