Vancouver, British Columbia — The government of the Canadian province of British Columbia is making changes to its drug discrimination policy to stop drug use in public places.
Premier David Eby said at a news conference Friday that the province is calling on the federal government to make illicit drug use illegal in all public spaces, including hospitals, transit and parks.
Eby said the government still believes “addiction is a health problem. “It is not a question of criminal law.”
“But compassion for people who are struggling doesn’t mean anything goes,” he said.
Possession of small amounts of opioids, cocaine, methamphetamine and MDMA, also called ecstasy, was decriminalized in British Columbia last January after the federal government issued an exemption to the province to try to curb the number of overdose deaths.
The program was made possible by an exemption granted by Health Canada under the Controlled Drugs and Substances Act that allowed open drug use in some public spaces.
More than 14,000 people have died in British Columbia since the government declared a public health emergency in April 2016 due to illicit opioid overdoses.
The government faced repeated criticism over decriminalization policies from local politicians, health workers and police over open drug use in public spaces.
The province attempted to make drug use in public places illegal with its own legislation, but a BC Supreme Court judge imposed an injunction preventing it. Eby said they have now requested the same changes from Health Canada.
Under the proposed changes, police will have the power to ask a person to leave an area, confiscate drugs “when necessary” or arrest a person if necessary.
Drug use will still be permitted in a private residence or a place where someone is legally sheltered, or at overdose prevention sites and drug control locations.
Fiona Wilson, deputy chief of the Vancouver Police Department, said businesses, families and individuals have expressed concerns about drug use in public.
“We remain committed to a compassionate, health-oriented approach that supports people living with substance use disorders while addressing the very real concerns in our communities related to problematic drug use,” he said.
Dana Larsen, a Vancouver anti-drug activist, said there needs to be more safe places for people to use drugs.
“I understand people’s concerns,” Larsen said. “For me, the solution is to create legal and safe spaces where it is allowed to do so.”
Brittany Graham, executive director of the Vancouver Area Network of Drug Users (VANDU), said the changes would negatively impact low-income people.
“What would have been most beneficial is to build more housing, have more shelters, have more overdose prevention services, as well as having a plan for clean medications in this province,” he said.
Eby was asked if the changes would withstand judicial scrutiny.
“We believe we have the authority to regulate at the provincial level,” he said. “We believe the federal government had the authority. Well, we will defend that if this happens.”
Eby hopes drug decriminalization will be an issue in October. 19 provincial elections.
Oregon, the first state in the United States to decriminalize illicit drugs, recently changed course and reinstated criminal penalties for use and possession.