Windsor, Ont., police now charging people using illegal drugs in public despite prosecution uncertainty

Windsor, Ont., police now charging people using illegal drugs in public despite prosecution uncertainty

Police service changes directive after public criticizes open drug use downtown

Windsor, Ont., police officers are no longer just driving by individuals openly using illegal drugs on the streets. They're now stopping to arrest and charge them.

Police have always been able to lay those simple drug possession charges, but in 2020, federal lawyers were instructed to avoid prosecuting them unless they were considered serious cases.

For years, police in the southwestern Ontario city stopped making such arrests because it was unlikely they'd be pursued in court.

This summer, Deputy Chief Ken Cribley said the force's own directive changed after feedback from the public.

"We've heard the concerns loud and clear," said Cribley. "The question's been asked: 'Why can we see people openly doing drugs and a police car drove right by them?' That's been criticism we've received for the last year or a number of months."

In 2020, the Public Prosecution Service of Canada (PPSC), which pursues drug charges in court, told federal lawyers to avoid prosecuting simple drug possession charges unless they're considered "the most serious cases."

"We've met with our Crowns and not every Crown attorney agrees to start laying charges for simple possession, but we've started to do that," said Cribley.

Service to track charges' progress through courts

When CBC News asked how local prosecutors are responding to an increase in simple possession charges laid by Windsor police, Cribley said, "that remains to be seen."

"We will be tracking the numbers. We're doing a project on it. We're laying the charges, we're keeping stats and we're going to see how many make it through the courts."

The Windsor Police Service has touted the success of its Nurse Police Team (NPT), which puts an officer alongside a hospital nurse on the streets to offer help to vulnerable individuals.

In fact, former chief Jason Bellaire will be one of the recipients receiving an award of excellence in innovation during the upcoming inaugural Windsor police chief's gala.

Even people being arrested for open drug use are being "put in contact with services," said Cribley.

"Maybe not every time we're making an arrest, but in those cases too, our NPT will be there. We also have police who ride with social workers," he added.

Jason Viau is reporter for CBC News based in Windsor, Ont. He has an interest in telling stories related to accountability, policing, court, crime and municipal affairs. You can email story ideas and tips to jason.viau@cbc.ca.