B.C. court blocks new law against public drug use, warning of ‘irreparable harm’
Posted December 29, 2023 11:59 am.
Last Updated December 30, 2023 12:33 pm.
The British Columbia Supreme Court has blocked new provincial laws against public consumption of illegal substances.
The ruling in favour of the Harm Reduction Nurses Association imposes a temporary injunction until March 31, with the judge saying “irreparable harm will be caused” if the laws come into force.
The Restricting Public Consumption of Illegal Substances Act was passed by the legislature in November, allowing fines and imprisonment for people who refuse to comply with police orders not to consume drugs in certain public places, including parks, beaches, and sports fields.
The nurses association argued the act, which has yet to come into effect, would violate the Canadian charter in various ways if enforced.
But Chief Justice Christopher Hinkson says in his ruling that it was unnecessary to turn to those arguments, since the “balance of convenience” and the risk of irreparable harm weighed in the plaintiff’s favour.
Lawyer Caitlin Shane for the nurses association says the injunction, pending a constitutional challenge, shows “substance use cannot be legislated without scrutiny.”
The legislation passed in November came a month after the province expanded restrictions to include playgrounds, spray pools, and skate parks. Possession or use of drugs on school grounds was already banned under B.C.’s drug decriminalization pilot project, which began in January 2023.
When introduced at the legislature in October, the province said the Restricting Public Consumption of Illegal Substances Act would “encourage people who use drugs to use safely at local overdose prevention sites to keep community spaces free of illegal drug use.”
However, there have been concerns that the law would force more people to use alone indoors — something that has been flagged as an ongoing concern by experts.
In a statement to CityNews, Public Safety Minister and Solicitor General Mike Farnworth said Friday the B.C. government is “reviewing the courts’ decision and assessing our next steps.”
“The law in question prevents the use of drugs in places that are frequented by children and families. While we respect the decision of the court, we are concerned that this decision temporarily prevents the province from regulating where hard drugs are used, something every other province does, every day,” he said.
“We’re determined to keep doing everything we can to save lives in the face of the toxic drug crisis by treating drug addiction as a health matter rather than a criminal one, while recognizing that hard drugs should not be used in public places frequented by children and families, as well as vulnerable community members. We agree with local governments, police and community leaders that hard drug use should be able to be regulated similarly to smoking, alcohol and cannabis.”
On Saturday, Mayor Ken Sim said in a statement that he respects the judicial system, but is concerned about the decision by the supreme court.
“We have tirelessly worked to strike a delicate balance, aiming to restore safety to our public spaces. This includes areas frequented by children such as playgrounds, sports fields, beaches, and other recreational spots,” he said.
“We firmly believe these areas should be places where our youth can play and grow without exposure to the detrimental effects of drug use.”
Sim says he believes no one should be “compelled to engage in substance use in the shadows,” but that this shouldn’t come at the expense of public spaces.
“We respectfully urge the court to reconsider its decision and allow the province’s legislation to come into effect,” he said.
“Our vision for Vancouver is one of a secure and safe city, where families can trust that public spaces remain free from drug-related activities, and that the well-being of our community, particularly our children, takes precedence.”
-With files from Kier Junos
