B.C. is looking for exemptions to federal drug decriminalization laws, to allow police to stop drug use in public places, including transit stops. (File photo/NanaimoNewsNOW)

By NanaimoNewsNOW Staff

exemption required

‘Give the police the tools they need:’ Provincial government again looking to ban public drug use

Apr 26, 2024 | 2:01 PM

VANCOUVER — Escalating public safety concerns combined with increasing deaths link to drug toxicity is pushing changes to allowed drug consumption in public areas.

Premier David Eby announced on Friday, April 26, collaboration with the federal government on changing the legality of drug possession and consumption in B.C. The move would re-enable police officers to enforce laws against drug use in all public places, including parks and businesses, streets and public transit.

Eby said they’ve requested Health Canada to amend B.C.’s exemptions in the Controlled Drugs and Substances Act to effectively outlaw public consumption in places like parks, streets, hospitals and businesses.

“[This] will give the police the tools they need to enforce the law, anytime someone is using drugs in an inappropriate location and compromising public safety. In short, this amendment will make public drug use illegal in British Columbia.”

It’s a move similar to one B.C. tried to enact several years ago, with legislation passed restricting where hard drugs could be used in public.

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Their efforts however were challenged in the courts and Eby said resolution through the legal process could still take more than a year.

Eby said there is a “low risk” for these efforts to also be challenged in courts, but it’s something they will defend should the need arise.

“We are taking the steps that have been asked for by police that have been asked for by members of the public and that they deserve to ensure that police have the tools in place to be able to address issues of street disorder, public drug use, and to ensure the safety of people across the community, including those who use drugs.”

Early conversations between Eby and Prime Minister Justin Trudeau have been positive, according to the Premier, and he’s optimistic of the exemptions being granted.

Eby added these changes would not recriminalize drug possession or use inside private residences, including legal shelters, or overdose prevention sites.

He also said the province’s focus on treatment and constructive solutions to the crisis will continue.

“Our goal was to save lives, remove that stigma and make sure people had the opportunity to move forward and rebuild their lives. That concern for people who are struggling does not mean that anything goes. We still have expectations around safety, public spaces in the coffee shop, on the bus, in the park or on the beach.”

In addition to the requested exemption, the provincial government is adjusting rules around drug use in B.C. hospitals is making more direct moves to improve safety for workers, patients and visitors.

A new single policy prohibiting street-drugs on hospital grounds will be partnered with increased enforcement along with support for patients presenting with addictions challenges.

New admissions to hospitals in B.C. will also be asked if they experience substance-use challenges.

Those who identify having challenges will be offered supports and personalized care in a bid to escape addiction.

Eby also announced expanded access to treatment through “opioid-agonist treatment” (OAT), which is a medication assisted treatment for drug addiction.

A new virtual system will come online providing easier access to care and resources.

Decriminalizing the possession of up to 2.5 grams of several types of potent illicit drugs was implemented province-wide as part of a three-year pilot project starting on January 31, 2023, which bans possessing the drugs in a select few locations: schools, licensed child-care facilities, airports and Canadian Coast Guard vessels and helicopters.

The measure is seen as one tool to help reduce the toxic drug crisis in the province, which was declared public health emergency in 2016.

Friday’s announcement from the province signals an effort to significantly alter the pilot project by lobbying for a sweeping public possession and illicit drug usage ban.

Last year, a record 2,511 British Columbians died from the toxic drugs, including a record high 116 deaths in Nanaimo.

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