The British Columbia Supreme Court recently blocked new provincial laws that would restrict the use of illegal substances in many public places, including parks, beaches and near business entrances and bus stops, after the province's decision to launch a pilot project last year decriminalizing small amounts of certain illegal drugs. Some ϳԹ politicians have claimed on social media the court injunction will allow individuals to continue using drugs around playgrounds. This is false. Health Canada's exemption from the Controlled Drugs and Substances Act doesn't apply to people who are found with small amounts of drugs near public playgrounds, wading pools or outdoor skate parks, meaning those individuals could be charged with a criminal offence and have the drugs seized.
On Dec. 29, the same day Chief Justice Christopher Hinkson released his decision to issue an injunction to halt the province's Restricting Public Consumption of Illegal Substances Act after he determined it could cause "irreparable harm," Port Coquitlam Mayor Brad West on X, formerly known as Twitter, that the decision was "pathetic."
"In case you were worried about the modest rule of not being allowed to use fentanyl in playgrounds, a judge is there to stop the 'irreparable harm'. Pathetic!"
West went on to say, "If the restriction doesn't stand, then we've truly entered the wild west of unrestricted drug use, anywhere & everywhere."
The post has more than 149,000 views and has been reposted more than 200 times.
The day after, Rob Moore, a Conservative member of Parliament for the New Brunswick riding of Fundy Royal, on X he was, "shocked by the BC court injunction that will allow drug use to continue around playgrounds, parks and other places where children play."
Moore also claimed, "Justin Trudeau's irresponsible decriminalization of hard drugs has brought drugs and disorder to our communities and it must end."
His post has been viewed more than 43,000 times and has more than 150 reposts.
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Health Canada, not Trudeau, approved B.C.'s application for an from the Controlled Drugs and Substances Act in 2022 to try to stem the overdose death toll. The exemption came into effect last January.
from the BC Coroners Service suggest at least 13,317 people have died due to unregulated drugs in B.C. since a public-health emergency was declared in April 2016.
The service said unregulated drugs had claimed at least 2,039 lives in the first 10 months of 2023.
The allows for adults in the province to be in possession of up to 2.5 grams of certain illegal drugs without having to face criminal charges. Under the exemption, individuals 18 years and older will not be arrested or charged with drug possession if they are carrying opioids, crack and powder cocaine, methamphetamine or MDMA for personal use.
However, the exemption does not apply to K-12 schools, licensed childcare facilities, airports and ϳԹ Coast Guard vessels and helicopters. The B.C. government this list of prohibited areas as of Sept. 18 to include within 15 metres of any play structure part of a public outdoor playground, public outdoor spray and wading pools, and public outdoor skate parks.
If individuals are caught using or in possession of illicit substances in these areas, police have means to approach and arrest them, said Deputy Chief Const. Fiona Wilson of the Vancouver Police Department.
"Those areas are exceptions to the Health Canada exemption, so the exemption does not apply – so basically the person would be in contravention of the Controlled Drugs and Substances Act, and potentially subject to detention and arrest just as they were prior to decriminalization," Wilson, who is also president of the B.C. Association of Chiefs of Police, said in an email.
Bill 34
When B.C.'s New Democrat government legislation in October to restrict the use of illegal drugs in some public settings, it included public playgrounds, wading pools and outdoor skate parks, which are already restricted under Health Canada's exemption.
While the federal exemption enables possession of small amounts of certain controlled substances, the legislation focuses on the consumption, or use, of these drugs.
The province said in an email last week an overlap exists to "clearly communicate public expectations around drug use and maximize police options to address both drug possession and use in places that are purpose-built for children and families."
The Restricting Public Consumption of Illegal Substances Act, or , was passed by the legislature in November, allowing fines and imprisonment for refusal to comply with police orders not to consume drugs in some places. Aside from public playgrounds and skate parks it includes parks, beaches, sports fields and near business entrances and bus stops.
The province said the restrictions would align more closely with rules around tobacco, alcohol and cannabis use, and provide a consistent approach throughout B.C.
The act would give police discretion to arrest those who don't comply and seize and destroy their drugs.People who refuse could be fined up to $2,000 and imprisoned for up to six months.
Minister of Public Safety Mike Farnworth said the legislation is a response to help alleviate public concerns about safety as the province continues with its decriminalization programs.
Decriminalization of people who use drugs helps "reduce stigma around people with substance use challenges, so they are more likely to reach out for lifesaving supports," he said in a statement.
"However, it is not a licence to use hard drugs in public places frequented by children and families, or to block the door of our hard-working business owners in downtown areas."
Some municipalities have already passed bylaws that prevent people from using drugs under the exemption near parks.
Port Coquitlam its bylaws last summer to include a restriction on using or displaying a controlled substance or drug paraphernalia. The rules empower bylaw officers to enforce a series of escalating repercussions if a person doesn't comply, including a fine, ticket, ban from a public space and police enforcement and removal, a Vancouver Sun detailed.
Kamloops also made changes to their parks and public lands bylaws by introducing an in September that makes it an offence for an individual to display, consume or otherwise use a controlled substance on any sidewalk or within 100 metres of parks.
Court injunction
The Harm Reduction Nurses Association submitted a legal challenge in November to prevent the provincial law from coming into force.
The association the act would violate the ϳԹ Charter in various ways if enforced. The group also said, if implemented, the act could drive drug users to use alone, putting them and outreach workers at risk, and displace people who use drugs and are homeless.
The group also argued the act relies on services such as supervised consumption sites that are not available in a majority of communities across the province, "meaning that the law will force people into alleyways, public washrooms and other unsupervised spaces, rather than connect them with supports."
In his judgment, Hinkson ruled in favour of the Harm Reduction Nurses Association, imposing a temporary injunction until March 31, pending a constitutional challenge of the law, saying “irreparable harm will be caused” if it comes into force.
Hinkson acknowledged there are social harms associated with illegal drug use in public, including the loss of public space, discarded drug paraphernalia and drug-related criminal activity, as well as safety concerns for seniors, people with disabilities and families with young children, but rejected the province's submission that approving an injunction will grant drug usersto use "nearly wherever they want."
Sources
Claims can be found on X, formerly Twitter, () and ()
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B.C. sets out law to restrict use of illicit drugs in many public places – ϳԹ ()
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