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B.C.含羞草研究社檚 request to ban public drug use approved by Ottawa

Federal Mental Health and Addictions Minister Ya含羞草研究社檃ra Saks says the change is effective immediately
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Public Safety Minister Mike Farnworth and Mental Health and Addictions Minister Jennifer Whiteside address the media outside the provincial legislature after Ottawa had announced that it would grant B.C.含羞草研究社檚 request to amend the terms of decriminalization. They will make illicit drug use illegal in all public spaces including parks, hospitals and on transit. Original terms of the pilot project had prohibited police from arresting, charging or seizing adults in possession of up to 2.5 grams of heroin, cocaine, crack, crystal meth, MDMA or fentanyl. (Wolf Depner/News Staff)

B.C.含羞草研究社檚 Minister of Mental Health and Addictions Jennifer Whiteside said British Columbians can expect to see fewer people use drugs in public after Ottawa has granted B.C.含羞草研究社檚 request to amend decriminalization.

But parts of the political opposition say Ottawa含羞草研究社檚 approval will not fundamentally fix the toxic drug crisis.

含羞草研究社淲e are certainly含羞草研究社nticipating that we will see, as British Columbians had asked for, a reduction in the people experiencing and seeing and witnessing and being proximate to public drug use,含羞草研究社 Whiteside said. 含羞草研究社淭hat is certainly what I expect in the coming months as we continue to work on the health care objectives that we have.含羞草研究社

Whiteside made this promise, while she was speaking with B.C.含羞草研究社檚 Public Safety and Solicitor General Mike Farnworth after Ottawa had granted B.C.含羞草研究社檚 request to make illicit drug use illegal in all public spaces including parks, hospitals and on transit.

B.C含羞草研究社檚 NDP government had asked the federal government on April 26 to make illicit drug use illegal in all public spaces including parks, hospitals and on transit following months of pressure from the public, police and parts of the political opposition.

Federal Minister of Mental Health and Addictions Ya含羞草研究社檃ra Saks announced Ottawa含羞草研究社檚 approval Tuesday (May 7) at a scrum with reporters.

含羞草研究社淲e have said 含羞草研究社榶es含羞草研究社 and it含羞草研究社檚 effective immediately,含羞草研究社 Saks said.含羞草研究社淭his is a health crisis, not a criminal one,含羞草研究社 she added. 含羞草研究社淭hat being said, communities need to be safe. People need to have confidence that in their own communities, they can move about freely and feel comfortable and engaged.含羞草研究社

The original terms of the pilot project prohibited police from arresting, charging or seizing adults in possession of up to 2.5 grams of heroin, cocaine, crack, crystal meth, MDMA or fentanyl. The three-year program started on Jan. 31, 2023 after Ottawa had issued the exemption in May 2022 following B.C.含羞草研究社檚 initial request in November 2021. Advocates had been lobbying to decriminalize personal possession of drugs in efforts to reduce stigma and those using alone in the face of the toxic drug crisis.

The approved changes to the legality of drug possession in B.C. would not re-criminalize possession in private residences, overdose prevention sites, drug-checking locations or other places where individuals are legally sheltering. But the changes will give police power to enforce public drug use restrictions, including the power to arrest individuals under exceptional circumstances.

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Farnworth said his ministry is currently finalizing 含羞草研究社済uidance含羞草研究社 for police. 含羞草研究社淲hat we have done is listened to communities, to police in terms of dealing with public drug use,含羞草研究社 Farnworth said. 含羞草研究社淒ecriminalization was never about using drugs in public, ever.含羞草研究社

He added that this why government past fall brought forward legislation currently held up in the courts. Not one, but two courts rulings have held up legislation from coming into effect as it faces a constitutional challenge. B.C. Supreme Court Chief Justice Christopher Hinkson said in the initial ruling that legislation 含羞草研究社減oses a sufficiently high probability of irreparable harm含羞草研究社 by pushing drug users into places where it will be less safe to consume drugs.

Farnworth signalled his government has no plans to withdraw that legislation. 含羞草研究社淚t含羞草研究社檚 the subject of a court and that court case continues,含羞草研究社 he said. 含羞草研究社淥pen drug use is not legal now, we have never supported public drug use, and we will not be supporting public drug use.含羞草研究社

Garth Mullins, drug user advocate, decried Ottawa含羞草研究社檚 decision on X. 含羞草研究社(Vancouver Area Network of Drug Users) asked to meet the minister before this decision. NO reply. No consultation with any drug user org or Core Planning Table which worked on this project for years.含羞草研究社

He said political support for decriminalization was low, if it ever existed. 含羞草研究社淣o government ever wanted decrim,含羞草研究社 he wrote. 含羞草研究社淭hey never explained it to voters. Decrim has become a convenient scapegoat for all society含羞草研究社檚 problems that long pre-existed a small (15-month-long) pilot project. There are tent camps (and) high (overdose) deaths rates in provinces with no decrim.含羞草研究社

B.C. United含羞草研究社檚 Elenore Sturko, MLA for Surrey South, said Tuesday含羞草研究社檚 decision shifts the burden of the toxic drug crisis back on police.

含羞草研究社淵ou heard it today from the minister含羞草研究社he police now have the tool to move people on,含羞草研究社 she said. 含羞草研究社淏ut the problem is, where are they moving people on to? The reality is that for a lot of communities in B.C., this is simply putting this problem back onto the laps of police with no way actually to guide people to the help they need.含羞草研究社

Tuesday含羞草研究社檚 move comes less than six months before voters cast their ballots in the next provincial election.

含羞草研究社淭oday, they (voters) may see this and think that the government is being active,含羞草研究社 Sturko said, when asked what impact it might on the choices of undecided voters concerned about the issue. 含羞草研究社淚n fact, they (government) are being reactive. In the long run, this will do nothing to actually address the big problem that we have here in B.C.含羞草研究社

Sturko, whose party has been calling for the end of decriminalization, said the current government has been in power for seven of the eight years since the declaration of the toxic drug crisis as public health emergency.

含羞草研究社淭hey have had very opportunity to scale up services,含羞草研究社 Sturko said.

A milder version of this criticism also appeared to shimmer through in Saks含羞草研究社 comments.

含羞草研究社淭here are lot of lessons to be learned,含羞草研究社 Saks said. 含羞草研究社淲hat we know is health supports need to be readily available in a timely manner, for those who are seeking help when they are using substances. B.C. has committed (to) that and continues to grow and scale out their health services and we含羞草研究社檙e supportive of that.含羞草研究社

Whiteside said B.C. has the highest number of overdose prevention sites per capita, adding province will continue to add to them, as well as other services.

含羞草研究社淥ur government has made the most significant investment in mental health and substance use treatment that this province has ever seen,含羞草研究社 Whiteside said. 含羞草研究社淭here is much more to work do to be sure, but we have never seen an expansion of our mental health and substance use system as we含羞草研究社檝e seen in the last couple of years.含羞草研究社

She also pointed to 含羞草研究社渦nprecedented含羞草研究社 investments in supportive housing in noting the link between homelessness and drug use.

Ottawa含羞草研究社檚 decision to amend the terms of B.C.含羞草研究社檚 decriminalization and its impact will likely receive considerable scrutiny

Saks said Ottawa understood the 含羞草研究社渦rgency含羞草研究社 of B.C.含羞草研究社檚 request, but added that this decision was not 含羞草研究社渂ased on knee-jerk reactions.含羞草研究社

She also pushed back against the suggestion that decriminalization was a failure.

含羞草研究社淣o, absolutely not,含羞草研究社 she said. 含羞草研究社淲e have said from the get-go that we will adjust and analyze as we move forward. This is the first time this has been done. As in any pilot, it is a process of learning.含羞草研究社



Wolf Depner

About the Author: Wolf Depner

I joined the national team with Black Press Media in 2023 from the Peninsula News Review, where I had reported on Vancouver Island's Saanich Peninsula since 2019.
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