Pubdate: Wed, 05 Nov 2003
Source: Oshawa This Week (CN ON)
Copyright: 2003 Oshawa This Week
Contact:  http://www.durhamregion.com/dr/info/oshawa/
Details: http://www.mapinc.org/media/1767
Author: Martin Derbyshire

METHADONE CLINIC THREATENING LEGAL ACTION

Says City's Latest Moves Illegal, Discriminatory

OSHAWA - Lawyers for the First Step methadone clinic are threatening legal 
action against the City, claiming Oshawa's efforts to keep the clinic out 
of downtown constitute harassment.

In September the City moved forward enacting a bylaw to limit methadone 
operations in a certain area of the downtown core and extending the interim 
bylaw that had originally prevented First Step's move.

However, a letter from First Step's lawyer Jane Pepino, addressed to the 
City's legal representative Stanley Makuch, says the City's latest moves 
are "illegal, discriminatory, and constitute further bad faith and 
harassment of our client."

Ms. Pepino says this is clearly evidenced by the fact the City moved the 
boundaries of their limiting bylaw to allow Parkwood Pharmacy to continue 
to dispense methadone out of it's Simcoe Street location.

"Essentially they are saying those people's clients are OK, but the ones 
from down the street are not," she said. "That constitutes harassment."

Ms. Pepino says the City's efforts are forcing her clients to appeal the 
extended bylaw, the new bylaw and continue to defend themselves in the 
upcoming appeal of the City's first Ontario Municipal Board (OMB) hearing.

"At some point someone at the City is going to have to say this is enough 
already," she said. "We just wanted to give the council the opportunity to 
understand what they're looking at."

Mr. Makuch could not be reached for comment.

City Manager John Brown said the letter was addressed to Mr. Makuch, who 
was hired by the council to represent the City and as such, he could not 
make any further comment on the matter.

The battle against the clinic, which has cost the City more than $360,000 
so far, began when First Step made plans to move from a location on King 
Street, just outside the downtown core, to Simcoe Street north of Athol 
Street in the heart of the downtown.

City councillors and downtown stakeholders complained the clinic would 
bring a bad element to downtown and an interim control bylaw was passed 
preventing the move.

The clinic appealed the bylaw and the OMB struck it down.

In November last year, the clinic opened up in the new location, but the 
City continued with its effort to appeal the OMB decision.

Earlier this year the City was granted leave to appeal the decision and has 
moved forward.
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MAP posted-by: Beth Wehrman