Amidst continuous pushback from various groups, health care workers and communities, the BC government has decided to ban the use of drugs in public places.
This will provide police with the power to enforce against drug use in all public places, including hospitals, restaurants, transit, parks and beaches.
This change, however, would not recriminalize drug possession in a private residence or place where someone is legally sheltering, or at overdose prevention sites and drug checking locations.
“Keeping people safe is our highest priority. While we are caring and compassionate for those struggling with addiction, we do not accept street disorder that makes communities feel unsafe,” said Premier David Eby. “We’re taking action to make sure police have the tools they need to ensure safe and comfortable communities for everyone as we expand treatment options so people can stay alive and get better.”
Last year, B.C. began a pilot project allowing drug users to carry small amounts of illicit drugs, including fentanyl and cocaine, for their own use. B.C.’s three-year exemption under section 56(1) of the Controlled Drugs and Substances Act to decriminalize people who use drugs was first requested on Nov. 1, 2021, and enacted on Jan. 31, 2023.
Eby’s government tried to ban drug use in a wide range of public places last year through provincial legislation, but the move was challenged and frozen in provincial court. This time, the premier is going further, asking the federal government — which has ultimate jurisdiction over criminal law in Canada — to dramatically scale back BC’s exemption in the Controlled Drugs and Substances Act.
The province has now requested a sweeping amendment to the federal exemption. Frustration over the slow pace of provincial court proceedings, and the “quickly escalating situation on the ground” with drug use in places like hospitals and restaurants convinced Eby to take a different approach, he said at a press conference in Vancouver.
Premier David Eby said Friday in Vancouver that he has received assurances from Prime Minister Justin Trudeau that the federal government will help ensure police can enforce a ban on illicit drug use in any public spaces, including parks, transit, hospitals, restaurants and beaches.
The B.C. government is currently working with Health Canada to urgently change the decriminalization policy to stop drug use in public and has requested an amendment to its s.56 exemption to exclude all public places. That includes a place to which the public has access as a right or by invitation, express or implied, whether or not a fee is charged for entry, and on public transit.
Importantly, the Province is working to ensure the exemption continues to apply to private residences, healthcare clinics that provide outpatient addictions services such as Rapid Access Addictions Clinics, sanctioned overdose prevention sites, including those operated by housing providers, as well as drug checking sites and to people lawfully sheltering overnight.
The Province is also working with police on guidance to ensure that people who merely possess drugs but are not threatening public safety, their own safety or causing a disturbance, will not be subject to arrest or charge.
Adrian Dix, minister of health also informed that the Ministry of Health is developing a consistent approach to prevent illicit drug use in B.C. hospitals through universal policies, practice requirements, and appropriate enforcement approaches. Working in partnership and consultation with First Nation and Indigenous partners, health-care providers, professional associations, health-care unions, patients and communities.
Vancouver Mayor Ken Sim welcomed the province’s decision to ban use of drugs in public spaces. In a statement he said, “Our vision for Vancouver is of a secure and safe city, where families can ride the Sky Train or play in our beautiful parks with the assurance that these public spaces remain free from drug-related activities. We also envision a city where those struggling with addiction receive the vital support they need for recovery and can find hope for a better future.”
“Today’s changes will make public drug use effectively illegal and provide the VPD with actual tools to maintain public safety. This change aligns with the critical work we have already undertaken with the federal and provincial governments to address open drug use in public areas, especially around playgrounds, splash pads, beaches, and sports fields. These spaces should be free from drug-related activities, ensuring that families and children can enjoy them without exposure to harmful substances,” he added.
Opposition leader Kevin Falcon, whose party has been asking the provincial government to scrape the decriminalization pilot all together, said, “Today’s announcement is nothing more than political damage control by David Eby to mask the obvious conclusion that his reckless decriminalization experiment has failed as he now tries to hide the chaos and harm his policies have caused. Over the past 15 months, it has become painfully clear that this policy has neither saved lives nor reduced drug overdoses, but has instead spread harm and disorder in communities across British Columbia.”
“Instead of upholding their commitments to scrap the decriminalization pilot when it clearly wasn’t meeting its goals, David Eby and the NDP have stubbornly persisted with this dangerous policy. From its inception, the decriminalization experiment has failed to connect drug users with any necessary treatment or recovery services. The entire NDP approach has been built around normalizing drug use, which only further harms kids and communities,” Falcon said.
