BC NDP introduces legislation to further restrict public drug use

The BC NDP has tabled legislation that further restricts the use of illegal drugs in public spaces.

The new legislation prohibits the consumption of drugs in virtually all recreation areas, including parks, beaches, and sports fields.

Last month, the province expanded restrictions to include playgrounds, spray pools, and skate parks, while possession or use on school grounds was already banned under B.C.’s drug decriminalization pilot project, which began earlier this year.

The pilot project was made possible after the federal government approved the province’s exemption request under the Controlled Drugs and Substances Act, so people 18 and older are not subject to criminal penalties if found in possession of up to 2.5 grams of certain illegal drugs for personal use. The exemption period runs from Jan. 31, 2023, to Jan. 30, 2026.

The province says the further restriction of consumption will “encourage people who use drugs to use safely at local overdose prevention sites to keep community spaces free of illegal drug use.”

In a media availability Thursday morning, Public Safety Minister Mike Farnworth says the province is doing everything it can to “keep people alive” and connect them to the services they need.

“And although we’ve moved away from treating people who use drugs as criminals, that doesn’t mean it’s okay for people to use drugs in public places, particularly in places where kids may be,” he said.

Farnworth says the government has heard concerns from the public regarding public consumption, and this legislation includes a “progressive enforcement” approach.

“It will create opportunities for law enforcement to direct people to stop using drugs if they’re using in places where it’s not permitted, and to redirect them to more appropriate places where they can access the services that they need.”

“Ultimately, the intention of this legislation is compliance rather than enforcement. The goal is that people who use drugs will avoid using drugs in areas where there are prohibitions and it will provide law enforcement with the tools to support people who use drugs safely,” Farnworth explained.

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If passed, the legislation includes banning drug use in other spaces, including within a six-metre radius from building entrances — residential and businesses, and within six metres of a bus stop.

“These restrictions would align more closely with rules around tobacco, alcohol, and cannabis use and provide a consistent approach throughout the province,” the Ministry of Public Safety said in a statement.

“The toxic-drug crisis has taken too many lives, too soon. That’s why we’re doing everything we can to save lives and help people suffering with addictions get treatment,” said Premier David Eby.

“British Columbians overwhelmingly agree addiction is a health matter. At the same time, they’re also concerned about open drug use in public spaces, especially near where kids play.”

In January, the government said that it would work with community members to monitor and evaluate the outcome of the legal change to ensure the process is “meeting the desired outcomes of decriminalization and there’s no unintended consequences.”

Minister Jennifer Whiteside said at the time, that along with the move to restrict areas of consumption, the government is “committed” to breaking down barriers and connecting people to the supports they need.

“We requested this amendment from Health Canada to ensure that families feel safe in their community while continuing to use every tool available to fight the toxic drug crisis and save lives,” she said.