Ford government to give OC Transpo constables power to arrest

The Ford government is introducing legislation cracking down on drug use on public transit while also targeting illegal drug production.

Under the new law, special transit constables employed by OC Transpo — Metrolinx and the Toronto Transit Commission — would have the same powers as police officers to make arrests if anyone uses illegal substances in transit areas.

“Come July 1, what we want to do is make sure that people know that we will be using special constables on our transit to clean up the people who are using illegal drugs. And just like last year, when we said we’re cleaning up our parks, we’re cleaning up our transit,” Solicitor General Michael Kerzner tells CityNews.

Kerzer says the legislation gives special constables the regulatory authority to keep transit safe by getting rid of illegal drugs on the system and by taking action to remove those who don’t comply.

“Our tough on crime approach is exactly what Ontarians need, and we need it. We need it because we all have the right to wake up our kids, see them off to school, go to work, shop, play in a safe park, and worship. And we need to do this knowing that somebody has their backs.”

The bill would also target illegal drug production by making it illegal to own, use or sell devices such as pill presses for the purpose of making illegal drugs, while also making it illegal to own, produce or traffic chemicals used to make illegal drugs.

Commercial landlords will also face consequences for knowingly allowing illegal drug production on their properties, giving police the power to shut down these operations. Retirement homes, long-term care homes and premises that provide homelessness prevention and support services, including emergency shelters, would be exempt from the new law.

“We know that people are making illegal drugs somewhere. We know that the precursor chemicals that are being used to make fentanyl and other terrible, harmful drugs are being made, and we want to send a message to the landlords, especially the commercial landlords; Don’t knowingly close your eyes and turn away,” said Kerzner.

Sarah Kennedy, president of the Ontario Special Constables Association (OSCA), previously told CityNews they support the proposed change, while also acknowledging that special constables could face increased safety risks on the job if the changes are implemented.

“Law enforcement carries an inherent level of risk, which is something our members are aware of and are willing to accept, but we continue to advocate for the best, most appropriate and modern tools … for officers to be able to do their jobs safely.”

Premier Doug Ford voiced his support in February for giving special constables the power to arrest riders who use illegal drugs on public transit, saying, “[If] someone’s using drugs or shooting up drugs on the subway, they need to be arrested and removed from the subway.”

When asked if the move would essentially amount to re-victimizing already marginalized members of society, Ford pointed towards his government’s investments in addiction treatment programs.

The Canadian Civil Liberties Association (CCLA) has previously expressed concerns with the proposed laws, saying they could result in unreasonable search and seizures and the arbitrary detention of marginalized people.