As BC’s decriminalization pilot project reaches the end of its first year, local governments continue to support this initiative as one tool to address the toxic drug crisis. However, recent developments in BC courts leave local governments unclear where public use of illicit drugs will be allowed.
The temporary exemption was granted by Health Canada as of January 31, 2023 to decriminalize the possession of certain illegal drugs for the three-year trial. Decriminalization aims to encourage connections to health and social supports by reducing stigma and fear associated with criminalization.
While in support of the initiative, BC local governments also expressed concerns about the public use of illicit drugs, particularly in areas where children and families gather. In response, two significant changes were introduced to address possession and consumption of illegal drugs.
- First was a place-based amendment to Health Canada’s exemption, to add playgrounds, spray pools, wading pools and skate parks to the list of places where the possession of illegal drugs is prohibited.
- Second was legislation: Restricting Public Consumption of Illegal Substances Act to make it illegal to consume illicit substances in playgrounds, spray pools, wading pools, skate parks, bus stops, parks, beaches, sports fields, and near building entrances.
The legislation was contested in the BC Supreme Court, and on December 29 the Court granted an interim injunction preventing the legislation from coming into force until at least March 31, 2024. The ruling said the law would cause irreparable harm to drug users and may violate the Charter rights of drug users to life, liberty, and security of person. The judge wrote that the law could drive users to consume potentially fatal doses of drugs in more remote places.
The Province has since filed an appeal, saying that the court had placed an injunction on the law before cabinet had an opportunity to draft regulations; and that the judge “failed to consider that the alleged irreparable harm is avoidable by people who use drugs and, therefore, not irreparable.”
This leaves local governments unclear where public use of illicit drugs will be allowed in BC.
While the provincial legislation is in being addressed in the courts, the place-based exceptions from Health Canada will remain. This means the possession of illegal drugs is currently prohibited in BC in airports, schools, childcare premises, playgrounds, spray pools, wading pools and skate parks.
On the one-year anniversary of decriminalization, early provincial data show that in the first six months of the pilot project, there has been a:
- 76% decrease in possession offences
- 97% decrease of drug seizures under the 2.5g threshold
- Most possession drug seizures are now seizure of larger amounts (more than 10.0g)
- Access to harm reduction measures, such as drug-checking, overdose prevention/supervised consumption services and Take-Home Naloxone kits have remained steady or continued to increase since the decriminalization pilot project began.
For more information about decriminalization, including local government consultations resources and policy positions, please visit the UBCM website.