British Columbia should use the notwithstanding clause to implement legislation to curtail drug use in public places like playgrounds and beaches, Conservative Party of B.C. leader John Rustad says.
The nurses’ association argued the laws would violate the Canadian charter in various ways if enforced.
The temporary injunction will last until March 31.
Chief Justice Christopher Hinkson said the laws would cause “irreparable harm” if they come into force due to a lack of “supervised consumption services, indoor locations to consume drugs, and housing.”
“If the courts want to protect hard drug use in public, we will use the Notwithstanding Clause to overrule them and enact a common sense approach that puts people and families first,” he added.
B.C.’s Minister of Public Safety Mike Farnworth said the government was reviewing the court decision “and assessing our next steps.”
“While we respect the decision of the court, we are concerned that this decision temporarily prevents the province from regulating where hard drugs are used, something done in every other province, every day,” Mr. Farnworth said in a statement emailed to The Epoch Times.
He said that decriminalization was one tool the government is using to reduce stigma around substance use, “so they are more likely to reach out for lifesaving supports.”
“However—it is not a license 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. We agree with local governments, police and community leaders that hard drug use should be regulated similarly to smoking, alcohol and cannabis.”
Saskatchewan used the notwithstanding clause in a similar way Mr. Rustad suggested, to pass legislation regarding the use of pronouns in schools. Premier Scott Moe’s government used the clause to push forward a policy that requires schools to have parental consent if students under 16 want to change their names or pronouns.
Mr. Moe invoked the clause in October after Court of King’s Bench Justice Michael Megaw granted an injunction on Sept. 28, 2023, pausing the policy.
B.C. Minister of Public Safety and Solicitor General Mike Farnworth introduced the Restricting Public Consumption of Illegal Substances Act on Oct. 5, 2023, saying 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.”
The bill was passed in the legislature in November, allowing fines and imprisonment for people who refuse to comply with police orders not to consume drugs in certain public places, such as playgrounds, spray pools, skate parks, and beaches.
Mr. Farnworth called the legislation a “progressive approach to enforcement.”
Following the Dec. 29 court decision, Mr. Farnworth issued an emailed statement that said the government was “concerned” about the ruling.
“(This) decision temporarily prevents the province from regulating where hard drugs are used, something every other province does, every day,” he said.
Mr. Rustad said the provincial drug policies have been hurting the province.
“It’s not safe for people and families, and it kills local economies—what tourist or shopper wants to walk down a street where it’s unsafe and smells like drug fumes?” he said in the statement.
Officials React to Court Decision
Mr. Rustad and Mr. Farnworth are not the only elected officials who spoke out about the court’s decision.“If the restriction doesn’t stand, then we’ve truly entered the wild west of unrestricted drug use, anywhere and everywhere.”
Vancouver Councillor Peter Meiszner called the ruling a “ridiculous development.”
