The City of Kamloops has written to Premier David Eby voicing its support of the Bill 34, the Restricting of Public Consumption of Illegal Substances Act, but with conditions.
The letter – signed by Deputy Mayor for April, Bill Sarai – says while the city supports the NDP government’s effort to try and ban open drug use, it is calling for an end to the three-year decriminalization pilot project if those measures cannot be enforced because of a Supreme Court injunction.
“We want the same rules as smokers and drinkers have that we can enforce. This is just one more tool that we need,” Sarai – who is eyeing the NDP nomination in the Kamloops Centre riding – said.
“It’s mind boggling how the province can’t get this past the court system when lesser – to a degree lesser – harmful stuff can’t be done in common spaces, but this can.”
The Harm Reduction Nurses Association – which sought the injunction – argued that the legislation would violate the Canadian Charter in various ways, if enforced.
“Irreparable harm will be caused if the act comes into force,” outgoing B.C. Supreme Court Chief Justice Christopher Hinkson wrote in his ruling. “There is a high degree of probability that at least some of the harm set out by the plaintiff will in fact occur.”
“‘Centrally, but not exclusively, the act will promote more lone drug use … particularly dangerous due to an absence or a diminished degree of support in the event of an overdose. When people are isolated and out of sight, they are at a much higher risk of dying.”
The City of Kamloops passed its own bylaw that outlawed public drug use in September last year, though it cannot be implemented without signoff from the provincial government, which is unlikely.
Katie Neustaeter, the Kamloops councillor who spearheaded those local bylaw amendments told Radio NL in January that she was hopeful that higher levels of the justice system will “end the debate about whether restrictions on open drug use can be made.”
“The data does not show us that the majority of people who are dying from using alone are doing so in public spaces,” Neustaeter told Radio NL, following the injunction. “That is not what is happening. Most people using in public spaces are savvy and are not alone.”
“Perhaps the country will benefit from what started right here in Kamloops and other municipalities who are saying there irreparable harm being done to society in not creating the treatment that we need and by allowing this kind of damaging behaviour.”
As for why he signed the letter and not Mayor Reid Hamer-Jackson, Sarai says to “ask the mayor.”
“It was due to go out yesterday and it wasn’t signed,” Sarai said. “I know our staff had asked [the mayor] and he had ample opportunity to sign the letter so I don’t know why [the mayor] didn’t sign it.”
“Part of my duty is to step in when the mayor doesn’t, and I did my duty. I don’t know his reason and I don’t want start guessing why he didn’t sign it.”
Growing concern to decriminalization pilot
Speaking on NL Newsday Thursday, Sarai said he feels the decriminalization pilot – which is scheduled to end on Jan. 31, 2026 – isn’t working as intended.
“I think one of the reasons is the four pillars to harm reduction aren’t being addressed or resourced or funded equally, and that is where we are struggling,” Sarai said. “I think if that was brought out and the policy was equal attention to all four pillars, we wouldn’t be in the dire straits we are right now.”
It is not the first time that Sarai – or the City of Kamloops – have called for the four pillars of the Canadian drugs and substances strategy to be “equally funded and supported.” Those four pillars are Prevention, Harm Reduction, Enforcement, and Treatment.
“At the end of the day, we all want to save lives. That is the main goal,” Sarai said. “But there are lives on the street that need safe drugs, and there are lives on our street that need to get off drugs, and there are lives on the street that need recovery and resources to stay off drugs and get the wraparound services they need.”
“Those last three pieces aren’t adequately available.”
The exemption to the decriminalization pilot – which was granted by the federal government – allows adults in B.C. to possess 2.5 grams of opioids like heroin and fentanyl, as well as crack and powder cocaine, methamphetamine, and MDMA for personal use.
Federal Mental Health and Addictions Minister Ya’ara Saks will be coming to B.C. to discuss growing concerns and controversies about the pilot with her provincial counterpart and police representatives.
“Prior to decriminalization, if someone was using drugs in a problematic circumstance, for example at a playground, or a bus shelter or a beach, community members were able to call 911, police were able to attend and address that circumstance,” Fiona Wilson, president of the BC Association of Chiefs of Police, and deputy chief of the Vancouver Police Department, was quoted as saying in an article on The Orca.
“In the wake of decriminalization, there are many of those locations where we have absolutely no authority to address that problematic drug use, because the person appears to be in possession of less than 2.5 grams and they are not in a place that is an exception to the exemption.”