Ottawa Approves BC’s Request to Scale Back Drug Decriminalization Program

Mental Health and Addictions Minister Ya’ara Saks in Ottawa on April 9, 2024. The Canadian Press/ Patrick Doyle

The Liberal government has accepted British Columbia’s request to scale back its drug decriminalization pilot program, which goes into effect immediately.

“We have granted B.C.’s request for an amendment to their proposal. We have said yes,” Mental Health and Addictions Minister Ya'ara Saks told reporters on May 7.

B.C. recently requested that Health Canada amend an exemption that had allowed the decriminalization of individual possession of small amounts of hard drugs such as heroin, fentanyl, cocaine, and methamphetamine in the province. Premier David Eby told reporters on April 26 that while the province supported caring for those struggling with addiction, urgent changes were needed to the decriminalization program to stop drug use in public places.

Since the three-year pilot project launched in January 2023, there have been escalating complaints of public drug consumption in areas like restaurants, parks, hospitals, and public transportation. Police, health-care workers, and some municipal politicians have criticized the drug policy, claiming it has harmed public safety and failed to curb drug abuse.

Chief coroner Lisa Lapointe said in a report earlier this year that an average of 6.4 lives are lost each day to overdose in B.C. with the rate of death in January coming in at approximately 42 per 100,000 residents. The B.C. Coroners Service says the province witnessed a record-breaking 2,511 lives lost to drug-related fatalities in 2023.

Ms. Saks told reporters that B.C.’s decriminalization policies were not the cause of overdose deaths, instead blaming the “illegal toxic drug supply.” She said while B.C. faces a public health issue and not a criminal one, drug policies should not cause disturbances to the public.

When asked what lessons the federal government had learned from B.C.’s pilot project, Ms. Saks said health supports need to be “readily available in a timely manner” for Canadians seeking help with substance abuse.

Decriminalization for Toronto, Montreal

During the press conference, Ms. Saks was also asked about a proposal by the City of Toronto to decriminalize the possession of small amounts of illegal narcotics for personal use. That request was first submitted to Ottawa in 2022, and was later amended the to cover all substances and ages, including youth.

Ms. Saks said that the application had not yet arrived at her desk and was last reviewed by Health Canada in 2023. “It was insufficient at the time and it remains just dormant at this time,” she said, without elaborating on what parts of the application were unsatisfactory.

The minister also rejected a reporter’s assertion that the drug decriminalization pilot had been a “failure,” saying Ottawa would continue to “adjust and analyze as we move forward.”

During Question Period later that afternoon, Conservative Leader Pierre Poilievre brought up a proposal by the city of Montreal to decriminalize hard drugs. Both Montreal’s Public Health Director Dr. Mylène Drouin and Mayor Montreal Mayor Valérie Plante signalled an openness towards drug decriminalization back in 2022.

“Will the prime minister openly acknowledge the deadly mistake that [decriminalizing] hard drugs was in B.C. or is he going to try to repeat this problem in Montreal?” Mr. Poilievre asked.

Prime Minister Justin Trudeau responded that Ottawa would continue working with the provinces and with municipalities on drug policies, “with respect for science.” He also criticized the drug policies of former Conservative Prime Minister Stephen Harper, which he called “immoral and obsolete.”

Mr. Harper’s government introduced a National Anti-Drug Strategy in 2007 that focused on preventing illicit drug use, treating drug users, and combating the production and distribution of drugs. Mr. Harper’s government also opposed safe injection sites and the legalization of marijuana.

Mr. Poilievre’s Conservatives have advocated for drug prevention and substance abuse programs for addicts, while also increasing criminal penalties for drug traffickers.