Several B.C. politicians are speaking out against a Dec. 29 court decision that blocks provincial laws designed to curb public consumption of illegal drugs.
“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!” Port Coquitlam Mayor Brad West
posted on X on Dec. 29.
“If the restriction doesn’t stand, then we’ve truly entered the wild west of unrestricted drug use, anywhere & everywhere.”
Vancouver city councillor Peter Meiszner called it a “ridiculous development.”
“Absolutely ridiculous development in this poorly-thought out decriminalization policy. Let’s address the real issue here - unchecked addiction and mental health issues playing out on our streets and in our parks, and a dearth of political will and resources to get as many people as possible into treatment and recovery - NOW. This is beyond a crisis,” he
wrote on X in response to Mr. West’s post.
The act provides for fines and imprisonment for individuals who don’t comply with police orders not to consume drugs in certain public places.
HRNA argued that the act “will lead to various violations of the Canadian Charter of Rights and Freedoms,” according to the
court records.
B.C. Supreme Court Chief Justice Christopher Hinkson decided there was merit to HRNA’s argument and ordered a stay of the act until March 31, 2024.
“I am satisfied ... that there are serious issues to be tried, that irreparable harm will be caused if the Act comes into force, and that the balance of convenience weighs in favour of the plaintiff,” he wrote.
B.C.’s
Public Safety Minister Mike Farnworth issued a statement saying the government is “concerned” by the ruling. He said the laws were intended to prevent “the use of drugs in places that are frequented by children and families.”
“(This) decision temporarily prevents the province from regulating where hard drugs are used, something every other province does, every day,” Mr. Farnworth said.
Health Minister Adrian Dix said the province will “review the impact of this court decision” and there will be a “possible response by government in the coming days.”
“In our view, it takes away our ability to do what every other province does, which is to regulate where drugs can be used,” Mr. Dix said, according to a
CBC News report.
Restricting Drug Use in Public
The B.C. government introduced the legislation in October, just 10 months after starting a pilot program that decriminalizes small amounts of illegal substances.
“The toxic drug crisis has taken too many lives, too soon. That’s why we’re doing everything we can to save lives and help people struggling with addiction get treatment,” Premier David Eby said in a
news release on Oct. 5.
“At the same time, none of us want open drug use in community gathering places—especially near where kids play. That’s why we’re taking this critical step similar to how we regulate smoking or alcohol use in public, to help people feel safer in their communities.”
When Mr. Farnworth
introduced the bill in the House on Oct. 5, he said the government still supports decriminalization, but that “does not mean that it is OK to use drugs everywhere, and this legislation sets clear province-wide standards that communities expect and deserve.”
Mr. Farnworth called the legislation a “progressive approach to enforcement.”
It was the second time the B.C. government tried to
restrict the use of illegal drugs in public spaces. On Sept. 14, 2023, it
announced measures that banned drugs within 15 metres of playgrounds, spray pools, wading pools, and skate parks.
The government had to
apply to Health Canada to include these areas in the exclusion list.
The Canadian Press contributed to this report.
