BC court sides with harm reduction advocates on drug use in public law
The BC Supreme Court has blocked a law that would’ve seen drug consumption restricted in certain public places.
Chief Justice Christopher Hinkson accepted arguments from the Harm Reduction Nurses Association saying the law would unfairly target marginalized groups.
The court granted the group an injunction, preventing the law from coming into force until at least March 31, 2024.
The BC legislature gave the Restricting Public Consumption of Illegal Substances Act the green light on November 8, but it has not yet come into effect.
The law would’ve banned drug consumption near building entrances, bus stops, playgrounds, and more. It also would’ve granted police additional powers to remove, arrest, or fine individuals believed to be using drugs, as well as to seize and destroy their substances.
The new law could cause “irreparable harm” to people who use drugs, and the judge noted banning consumption in these public places may encourage more lone drug use, which carries an increased risk of overdose.
In the face of the years-long drug toxicity crisis, where approximately seven people die due to poisoned drugs each day in the province, the judge added it’s of utmost importance to protect public safety.
“I am satisfied that the suspension of the Act – as the plaintiff proposes – can be properly characterized as a substantial public benefit,” Hinkson wrote.
BC’s Opposition leader, Kevin Falcon, blamed the legislative chaos on the NDP government’s drug decriminalization pilot program, which he characterized as a “reckless scheme.”
“It will still be illegal in most communities to enjoy a glass of wine at a picnic in the park while unchecked consumption of potentially lethal drugs such as crystal meth, crack cocaine, and fentanyl in that same park remains the reality.”
Brad West is the mayor of Port Coquitlam, a community that passed its own bylaws so city workers can address drug use in parks. He also said he was sorry to see the restriction law not going ahead.
“The rules were very modest, providing just a small restriction on drug use in public places, especially where children are present,” he told Daily Hive.
BC’s pilot program to decriminalize possession of small amounts of drugs for individual consumption, meant as a harm-reduction initiative, kicked off in January 2023. The law restricting consumption was meant to add rules to where those drugs can be consumed. It’s now been struck down until next spring, and the NDP has yet to issue a statement on what’s next.