Ottawa Grants BC Request to Amend Drug Possession Exemption Amid Safety Concerns for Children

Paramedics debrief after responding to a drug overdose in Vancouver on June 23, 2021. The Canadian Press/Jonathan Hayward

Less than a year after the exemption allowing adults to possess a specified quantity of hard drugs came into effect in British Columbia, Ottawa has approved the province’s request for an amendment. This change introduces zones where this exemption will no longer apply—specifically children’s play areas.

Beginning Sept. 18, this exemption will be revoked within certain areas including outdoor playgrounds, spray pools, wading pools, and skate parks, according to a statement released by Health Canada on Sept. 14.

This modification grants law enforcement the power to seize drugs, arrest and charge individuals for personal possession of any quantity of a controlled substance within these designated locations, the statement said.

“This is a key step in ensuring people feel safe in their communities, while continuing to support some of the most vulnerable populations,” Minister of Mental Health and Addictions Ya'ara Saks said in the statement.

This amendment follows a Privy Council Office survey, “Continuous Qualitative Data Collection of Canadians’ Views,” published in February. The survey found that the majority of British Columbia residents held a negative view of the decriminalization of possession of small amounts of hard drugs for personal use.

The survey found that only “a small number” of participants were aware of the exemption, while the majority reacted negatively to this decision. Many said the federal government should instead be discouraging opioid use.

“It was believed by many that this initiative would ultimately result in the increased usage of these substances, especially among younger individuals. Several also expressed concerns about the 2.5-gram limit, believing that this was far too high of an amount and that for substances such as fentanyl there was no safe amount for an individual to consume,” the survey said.

In November 2021, B.C. submitted an exemption request to subsection 56(1) of the Controlled Drugs and Substances Act, seeking to halt criminal charges against adults in the province found in possession of small quantities of hard drugs for personal use. The exemption was scheduled to remain in force from Jan. 31, 2023, to Jan. 31, 2026.

Under this exemption, all residents of British Columbia aged 18 and older were permitted to possess up to 2.5 grams of specific hard drugs, including opioids (such as heroin, morphine, and fentanyl), cocaine, methamphetamine, and MDMA, as stated in a government release on May 31, 2022.

Previously, the government had already imposed restrictions on this exemption in various places. These restrictions included airports, elementary and secondary school premises, licensed child care facilities, and aboard Canadian Coast Guard helicopters and vessels, according to the May 2022 release.

Response

In response to Ottawa’s approval of the amendment, Conservative shadow minister for health Dr. Stephen Ellis, and Laila Goodridge, shadow minister for addictions, released a joint statement, saying that the announcement is “an admission by the Liberals that their failed drug policy has put children and families at risk.”

“BC streets have become less safe, and so have the places where our children play like playgrounds, wading pools and skate parks. Even the areas around schools and daycares, which were already supposed to be kept free of drug use, have been victimized by the unprecedented levels of drug addiction that have resulted from the Liberal-NDP coalition’s failed drug policy,” the statement said.

According to data released by the B.C. government, the total number of deaths attributed to unregulated drugs in 2023 reached 1,455 in July, nearly 100 more cases than recorded during the same period in 2022.