The B.C. government says it will ban drug use in all public spaces, including parks and hospitals, as part of a major overhaul of its drug decriminalization pilot project.
The move comes amid a raging debate over the province’s approach to the ongoing deadly toxic drug crisis, including decriminalization and “safe supply.”
Premier David Eby said Friday that the province had made a formal request to Health Canada for changes to its exemption under the Controlled Drugs and Substances Act, which the three-year decriminalization pilot project operates under.
“Addiction is a health issue, it is not a criminal law issue, and that principle is what the entire decriminalization project was about. It was about removing the stigma for people struggling with addiction, preventing them potentially from reaching out to others to ask for help … for fear of arrest, for fear of a criminal record,” Eby said.
“But that compassion, that concern for people who are struggling does not mean that anything goes. We still have expectations around safety, public spaces, in the coffee shop, on the bus, in the park, on the beach.”
Eby concluded the changes were needed after the attorney general said that a legal battle over the province’s own attempt to legislate restrictions on public drug use could be tied up in court for at least a year.
He said those concerns were compounded by the “escalating situation” on the ground, including concerns about drug use in hospitals and public places like restaurants.
“We’ve heard you,” Eby said about the need for more enforcement tools.
“That should have been in place. It should have been there.”
Under the changes, police will be able to take action against anyone using illicit drugs in public places ranging from transit to restaurants to beaches.
Law enforcement will be able to compel a person using drugs to leave the area, to seize their drugs “when necessary” or to arrest them if required.
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The province says police will be given guidance only to arrest people for simple possession of drugs in “exceptional circumstances.”
Deputy Vancouver Police Chief, and chair of the B.C. Association of Chiefs of Police, Fiona Wilson said that while police support decriminalization, they have been consistent it must come as a part of a broader strategy including treatment, education and enforcement against organized crime.
Police have raised “significant concerns since Day 1” about the need to balance keeping communities safe with the goal of not criminalizing drug users.
“Let me be perfectly clear: We do not wish to stigmatize people who struggle with addiction,” she said.
“We do not support putting people in jail simply because they have a substance-use disorder.”
Wilson called the new policy a step forward in addressing concerns about drug use in places where children and families are present.
“We have heard loud and clear from the frontline police officers who continue to see the unintended ramifications that unchecked public drug uses have on the safety and wellbeing of neighbourhoods, and the feedback has been unequivocal,” Wilson said.
“Public consumption is a significant issue that needs to be addressed and major changes are required.”
She said police throughout the province would receive comprehensive training on the changes in the coming weeks.
Possession of up to 2.5 grams of a variety of drugs — including heroin, cocaine and methamphetamine — will remain decriminalized in private residences, places where people are legally sheltering plus overdose prevention and drug-checking sites.
“Addiction is a health-care issue, not a criminal one, and we’re going to keep doing everything we can to save lives and connect people to treatment,” added Mental Health and Addictions Minister Jennifer Whiteside.
The province says it is also “working with experts” on new ways to track “safe supply” drugs to identify and prevent diversion to illegal markets.
Hospital drug use targeted
The province has faced growing scrutiny over its decriminalization program, in part due to concerns raised about drug use and related crime in B.C. hospitals.
Under the changes announced Friday, possession or use of street drugs will be prohibited in all hospitals, outside of designated medically-supervised addiction treatment areas.
“We will not tolerate the safety of health professionals or patients in hour hospitals being compromised,” Eby said.
Under the new policy, hospital staff will ask patients at admission if they have substance-use issues. If so, they will get medical oversight and addiction care while receiving treatment.
“The action plan launching today will improve how patients with addictions are supported while they need hospital care while preventing others from being exposed to the secondhand effects of illicit drug use,” Health Minister Adrian Dix said.
The province is also funding $25 million to expand the Hope to Health Research and Innovation Centre located in Vancouver’s Downtown Eastside, led by HIV treatment pioneer Dr. Julio Montaner, to provide intensive primary care to people with complex needs.
The NDP government says it will also expand access to the availability of opioid-agonist treatments such as methadone and suboxone.
Reaction to the province’s decriminalization overhaul was swift.
The Official Opposition BC United called the move “nothing more than political damage control” on a “reckless experiment.”
The party said if elected in October, it would scrap the decriminalization pilot, along with B.C.’s safe supply program.
“Instead of upholding their commitments to scrap the decriminalization pilot when it clearly wasn’t meeting its goals, David Eby and the NDP have stubbornly persisted with this dangerous policy,” Leader Kevin Falcon and Mental Heatlh and Addictions Critic Elenore Sturko said in a statement.
“From its inception, the decriminalization experiment has failed to connect drug users with any necessary treatment or recovery services. The entire NDP approach has been built around normalizing drug use, which only further harms kids and communities.”
Vancouver Mayor Ken Sim commended the province for the changes.
In a statement, he said the province must continue to prioritize harm reduction and treatment efforts to create safer pathways for people with addiction.
“Today’s changes will make public drug use effectively illegal and provide the VPD with actual tools to maintain public safety,” Sim said.
“These spaces should be free from drug-related activities, ensuring that families and children can enjoy them without exposure to harmful substances.”
In a social media post, Moms Stop The Harm, a non-profit that advocates for drug policy changes, said the province never gave decriminalization a “fair chance.”
“It is blamed for social issues that are the result of policy failure resulting in a housing crisis & poverty. Rather than address the real issues (David Eby) found a convenient scapegoat,” the group wrote on X, formerly known as Twitter.
“Our loved ones die.”