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By Liam Verster

Toxic Drug Crisis

Public drug use is once again illegal in B.C.

May 7, 2024 | 12:31 PM

Public drug use is once again illegal in British Columbia.

Health Canada approved the B.C. government’s request to once again make it illegal to use illicit substances in public spaces

“Addiction is a health matter, not a criminal justice one, but that doesn’t mean that anything goes. Parks and beaches have to be safe and welcoming for families, the doorways to small businesses have to be free for customers, and hospitals have to be places where people can work and get care safely. That’s why we took action in the fall and that’s why we’re taking action now,” Mike Farnworth, Public Safety Minister, stated.

B.C. is about one year into a three-year pilot project to decriminalize the possession of a small amount of certain illicit drugs, including heroin, methamphetamine, fentanyl and cocaine.

But due to safety concerns from public consumption of those drugs, the B.C. government asked the federal government on April 26 to make illicit drug use illegal in all public spaces.

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“Effective today (May 9), with Health Canada’s approval, public drug use is illegal in all public spaces in B.C., including inside hospitals, on transit, and in parks,” Farnworth explained. “When police are called to a scene where illegal and dangerous drug use is taking place, they will have the ability to compel the person to leave the area, seize the drugs when necessary, or arrest the person if required.”

The minister said he would be sending out information to police detachments throughout B.C. Tuesday, informing officers of the changes, with further guidance on enforcement to be sent out in the days to follow.

The province said the walk-back on public use does not affect decriminalization’s intent to permit possession of small quantities of substances or use within a private residence.

“As we take action to address public drug use, we’re also continuing to ensure we treat addiction as a public health issue, not a criminal justice one,” Jennifer Whiteside, Minister of Mental Health and Addictions, said.

“If someone is using drugs at home, they should be able to call for help without fear of being arrested. While some have called for those critical protections to be removed, we know that that is the wrong approach, and that that would put people at risk. People in British Columbia want their communities to be safe, and they also want their friends and family to be able to call 911 without fear if they need help.”

Whiteside added the majority of illicit toxic drug deaths in B.C. occur in a private residence, and people should have the ability to not be punished for calling for help.

Farnworth added that “decriminalization was never about using drugs in public,” and the changes approved by Health Canada are a response to public safety concerns.

“Police have asked for the tools to move people along and, in exceptional circumstances [such as] if they’re refusing or being aggressive, police have the ability to seize those drugs,” Farnworth stated.

Whiteside added the primary intent of decriminalization was to remove barriers and allow people better access to care and treatment, adding the province continues to work with health authorities and community partners to develop and improve on support services.