Drug checking machine reopens in Kitchener despite consumption site closures

A local health centre says their drug checking machine is back in action — despite the province passing legislation that banned similar harm reduction policies in certain areas of Ontario.

Sanguen Health Centre said on social media that they received a federal exemption for their machine that tests illicit drugs for cross-contamination. 

They said a new drop-in location will be open on Mondays, Tuesdays and Fridays at 130 Victoria St. S. in Kitchener and testing started on Friday. 

The centre previously ran the region's consumption and treatment services (CTS) site on Duke Street W. It served Waterloo region residents, using harm reduction and safe supply techniques, from 2019 to 2024. 

They were closed in April due to the Progressive Conservative government's shift away from CTS sites that allowed drugs on the premises and were too close to schools or daycares. 

Leigh Wardlaw is the co-ordinator of the drug checking program and said that the exemption for their machine is outside the scope of provincial legislation. 

"We have our own exemption," she said, adding the drug checking program exemption was granted by Health Canada through the Controlled Drugs and Substances Act. 

Health Canada confirmed with CBC News on Monday that they granted the Sanguen Health Centre two subsection 56(1) exemptions under the Controlled Drugs and Substances Act to offer drug checking services.

One exemption was for a fixed site and the other was for a mobile site. They note the exemptions will be valid until Oct. 31, 2025. 

"It's been a very eye-opening experience in itself as we didn't know what was in the local drug supply," Wardlaw said. "We only used test strips before and now we're finding all these new things ... so we're able to educate the public on what we're seeing."

Wardlaw noted the machine is entirely confidential and there are no drugs given or consumed on site during the checking process. 

CTS replaced by HART hubs

Homelessness and Addictions Recovery Treatment (HART) hubs replaced CTS sites in Kitchener, Guelph, Hamilton, Thunder Bay, Ottawa and Toronto. Drugs or drug consumption are not permitted on site at the HART hubs. 

Waterloo region's HART Hub is operated by Community Healthcaring Kitchener-Waterloo and operates on Francis Street. 

In March, advocates took the province to court over the closure of CTS sites, saying closing the sites violates both the Charter of Rights and Freedoms and the Constitution, including the right to life, liberty and security of the person.

Justice John Callaghan of the Superior Court of Justice granted an injunction until he could make a decision on the Charter challenge, which he said will take more time to decide. That meant the CTS sites could remain open; however, most organizations said they lacked the funding to keep operating.

Despite this lack of funding, Sanguen Health Centre appealed for an exemption from Health Canada in order to continue operating their drug checking machine. 

Bill 223, the provincial legislation passed that made CTS sites illegal if they were within 200 metres of a school or daycare, does specify that any exemption requires the approval of the provincial Ministry of Health. 

But Wardlaw said she doesn't expect a legal battle to ensue as the drug checking machine does not fall under the bill. She said the province holds much of the power regardless. 

"They're essentially the ones that hold the rug," she said. 

Ema Popovic, spokesperson for the Ontario Ministry of Health, told CBC News in an email that the provincial government's main priority is offering people who struggle with mental health and addiction treatment while "not giving them tools to use illicit drugs."

"In the fall, we passed legislation that prohibits any local board of health from applying to participate in the federal governments so-called 'safer supply' programs and any request ... must receive approval from Ontario's Minister of Health," she said. 

"To be very clear, Sanguen has received no such approval."

Sanguen Health Centre is not a public health unit and safer supply programs are different from drug testing. The drug testing program does not permit drug use nor does it provide drugs, prescriptions or other substances to individuals.

Health Canada told CBC News in a comment that the Ontario government's legislation does not cover drug checking services and that the exemption request on behalf of Sanguen Health Centre underwent a "rigorous process that considers both public health and public safety objectives."

What is drug checking? 

The Kitchener CTS site previously offered to check residents' drugs for cross-contamination with other substances that were more likely to facilitate an overdose.

Sanguen Health Centre told CBC News that the drug checking machine was now able to operate at their new drop-in location and they received a mobile exemption and will try to create an outreach plan to get the machine on the road to other communities. 

Sanguen's drug checking program uses a Raman Spectroscopy to identify substances in minutes. Since 2023, Sanguen says they've been able to test thousands of substances including fentanyl, methamphetamines, crack/cocaine, MDMA and ketamine. 

Julie Kalbfleisch, director of Sanguen Health Centre, told CBC News in an email that funding for the drug checking program through Sanguen was part of a pilot project. Funding ran out at the end of last year but they "have enough funding to support the program until the fall."

Health Canada confirmed funding for Sanguen under Health Canada's Substance Use and Addictions Program ended in March 2024 and it does not currently provide any sort of funding for Sanguen's drug checking services. 

Kalbfleisch said Sanguen is currently seeking "other funding opportunities" and there are grant applications in the works.

She added Sanguen is "grateful for the exemption from the federal government for this life-saving work" and that they "do not anticipate provincial backlash."