B.C. Premier David Eby speaks during a news conference in Vancouver, on Jan. 9. Eby says he's disturbed by the record number of people who died in the province last year of illicit drug overdoses and recognizes they aren’t doing enough to stop it.ETHAN CAIRNS/The Canadian Press
One year ago, British Columbia began its drug decriminalization experiment with much goodwill from public health, police and politicians from across the spectrum.
But today, the province’s NDP government is in retreat, fighting to protect just the core of the policy, the first of its kind in Canada. As concerns have mounted about open drug use in children’s play areas, transit shelters and business entrances, the government’s former decriminalization allies have grown cautious – or have withdrawn their support altogether.
With an election looming no later than October, Premier David Eby’s government has responded by crafting legislation that limits where drugs can legally be used, but a Charter challenge has put that on pause.
Against that backdrop, the province is struggling to contain a worsening overdose crisis. The BC Coroners Service announced this week that the death toll from unregulated drug use rose to record numbers in 2023. Chief coroner Lisa Lapointe said this week that, almost eight years after declaring a public health emergency, the province still lacks a comprehensive plan for responding to the toxic drug crisis.
The three-year decriminalization pilot project means that, since Jan. 31, 2023, adults in B.C. are not being arrested or charged for possessing small amounts of certain illegal drugs most commonly associated with overdoses, nor are their drugs seized.
Mr. Eby, speaking to reporters on Thursday, maintained that it is good public policy.
“We believe as a government, and the vast majority of British Columbians believe, that addiction is not a criminal issue. That arresting someone for struggling with addiction, taking them to court, putting them in front of a judge, finding them guilty and then releasing them does not improve outcomes,” he said.
But, Mr. Eby said, the province needs to be able to establish areas where drug use is not allowed, in order to reassure British Columbians “that they don’t have to give up their parks. They don’t have to give up their bus stops.”
His ability to establish those limits, however, is now in legal limbo.
The pilot project that started one year ago was set in motion with few restrictions, and it did not take long for municipal leaders and police to relay public concerns about open drug use.
B.C.’s minister of mental health and addictions, Jennifer Whiteside, wrote to Ottawa last July to ask for “an immediate and tactical solution” to deal with public use of illicit drugs by expanding the list of sites where possession of them remains prohibited. (From the start, the decriminalization policy did not apply in kindergarten to Grade 12 school premises, child-care facilities, airports and in vehicles operated by a minor.)
The government did not see the policy failing in terms of its objectives. In a report to Health Canada, as of July, 2023, the province reported that “health outcome and drug toxicity indicators remain stable since decriminalization.”
Instead, Ms. Whiteside’s request was based on “widespread community feedback.” In other words, it was politics, not data, driving the urgent ask. Ottawa listened, and added playgrounds, splash pads, wading pools and skate parks to the list of prohibited areas.
In November, the province went further, passing the Restricting Public Consumption of Illegal Substances Act, which would allow police to fine or imprison people who refuse to comply with orders not to use drugs in certain outdoor locations.
The law, however, was suspended before it came into force after the Harm Reduction Nurses Association asked for time to prepare a Charter challenge.
Limits to decriminalized drug
consumption under B.C.'s Bill 34
The provincial law, which prohibits drug use at outdoor recreation areas such as parks, beaches and sports fields, as well as within a six-metre radius of building entrances and bus stops, would limit public drug use to alleyways and portions of sidewalks. The bill has not been implemented, and is suspended pending a Charter challenge.
Areas off limits to consumption of
illegal substances
Area where consumption of illegal
substances would not be prohibited
BUS
STOP
BUILDING
ENTRANCES
STREETS
SCHOOL
PREMISES
SKATE
PARK
15-metre radius
from skate parks,
playgrounds,
spray pools and
wading pools
MURAT YÜKSELIR / THE GLOBE AND MAIL
Limits to decriminalized drug
consumption under B.C.'s Bill 34
The provincial law, which prohibits drug use at outdoor recreation areas such as parks, beaches and sports fields, as well as within a six-metre radius of building entrances and bus stops, would limit public drug use to alleyways and portions of sidewalks. The bill has not been implemented, and is suspended pending a Charter challenge.
Areas off limits to consumption of illegal substances
Areas where consumption of illegal
substances would not be prohibited
BUS
STOP
BUILDING
ENTRANCES
STREETS
SPORTS
FIELDS
SKATE
PARK
15-metre radius
from skate parks,
playgrounds,
spray pools and
wading pools
SCHOOL
PREMISES
MURAT YÜKSELIR / THE GLOBE AND MAIL
Limits to decriminalized drug consumption under B.C.'s Bill 34
tohibits drug use at outdoor recreation areas such as parks, beaches and sports fields, as well as within a six-metre radius of building entrances and bus stops, would limit public drug use to alleyways and portions of sidewalks. The bill has not been implemented, and is suspended pending a Charter challenge.
Areas off limits to consumption of illegal substances
Areas where consumption of illegal substances would not be prohibited
BUS
STOP
BUILDING ENTRANCES
STREETS
SPORTS FIELDS
SKATE
PARK
15-metre radius
from skate parks,
playgrounds,
spray pools and
wading pools
SCHOOL
PREMISES
MURAT YÜKSELIR / THE GLOBE AND MAIL
The association won their injunction, with a strong admonishment from B.C. Supreme Court Chief Justice Christopher Hinkson of the province’s attempts to walk back the policy. In his Dec. 29th ruling, Justice Hinkson wrote that the limits contained in the legislation “will cause irreparable harm” by forcing drug use back into the shadows. Consumption of illicit drugs in the open is safer, he wrote, “given a dire lack of supervised consumption services, indoor locations to consume drugs, and housing.”
The Premier on Thursday said the province is making progress to expand treatment services, announcing 180 new publicly funded substance-use treatment and recovery beds throughout B.C.
But he told reporters there is nothing more his government can do to address the public safety concerns related to decriminalization, other than fight it out in court. “We’re abiding by the decision of the B.C. Supreme Court and if we get permission from the Court of Appeal to move ahead with that legislation, we will, but otherwise, we do consider ourselves bound by the interim injunction by the court.”
In a battle over Charter rights, however, a swift resolution cannot be assured.
With the province bound, in the interim, from addressing the unpopular consequences of decriminalization, it will find fewer supporters at its side.
When B.C. announced it was going ahead with decriminalization, its strongest advocate was the City of Vancouver.
City councillor Peter Meiszner says he is now concerned that public support for the initiative is ebbing. “I’m not sure that fully pulling back on decriminalization is the answer,” he said. “But I do think that the public has the right to expect that there are spaces where you won’t be seeing open drug use.”
The NDP government has relied heavily on the support of police for moving forward with decriminalization. “The exemption came at the request of chiefs of police,” Ms. Whiteside noted last year. She is correct, but the B.C. Association of Chiefs of Police also cautioned in late 2021 that public order and safety issues would arise from the consumption of illicit drugs in public places. The association called then for legislation to give police the tools needed to ensure public safety.
Fiona Wilson, president of the B.C. Association of Chiefs of Police, said there are far fewer drug seizures and possession charges now, as intended by the policy change. But there is a flip side to that.
“One of the most dramatic changes for us that we have significant concerns about, is that our members no longer have the authority to address issues of problematic public consumption,” she said. “Police in this province support the notion of decriminalization and we do not want to put people in jail by virtue of their personal drug use. However, we also recognize the very strong concerns from the public with respect to problematic public consumption and that of course, still have not been addressed.”
The main opposition party, BC United, initially supported decriminalization as part of a broad harm reduction strategy. It is now promising voters a different approach: to quash the three-year pilot project entirely.
MLA Elenore Sturko, a former RCMP officer who serves as BC United’s critic for Mental Health, Addiction, Recovery and Education, said she supported decriminalization when she believed the province would establish firm guardrails around public use. After a year with insufficient limits, she said it is time to back off.
“We’re going to repeal decriminalization,” she said. “What’s happening right now is not solving the problem and the unintended consequences need to be addressed.” She said the solution is to create “a true recovery-oriented system of care,” rather than attacking the toxic drug crisis in a myriad of incremental ways.
“They keep trying to eat the elephant one bite at a time. They need to see the entire animal.”