The B.C. government is attempting to walk back aspects of its three-year decriminalization pilot in the wake of growing concerns and controversies.
Premier David Eby’s government is asking Ottawa for exemptions to the pilot so it can ban drug use in all public places, including inside hospitals, on transit, and in parks, beaches, and restaurants.
“Keeping people safe is our highest priority,” Eby said, in a statement. “While we are caring and compassionate for those struggling with addiction, we do not accept street disorder that makes communities feel unsafe.”
“We’re taking action to make sure police have the tools they need to ensure safe and comfortable communities for everyone as we expand treatment options so people can stay alive and get better.”
The B.C. government says the exemptions will allow police to enforce the ban, giving them the ability to arrest people for simple possession of illicit drugs “in exceptional circumstances.”
What those circumstances are is not clear, but the Province says police will be able to make the person leave the area “where illegal and dangerous drug use is taking place.” They’ll be able to seize the drugs or arrest the person, if required.
The Province says these changes do not recriminalize drug possession for personal use in a private home or places where people are legally sheltering, or at overdose prevention sites and drug checking locations. It also says people who possess drugs but are not threatening public safety, or causing a disturbance, will not be arrested or charged.
“Our communities are facing big challenges. People are dying from deadly street drugs and we see the issues with public use and disorder on our streets,” Public Safety Minister Mike Farnworth said.
“As we continue to go after the gangs and organized criminals who are making and trafficking toxic drugs, we’re taking action now to make it illegal to use drugs in public spaces, and to expand access to treatment to help people who need it most.”
The B.C. government previously tried to ban the public use of drugs through Bill 34, the Restricting Public Consumption of Illegal Substances Act. It 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.
It was set to come into effect on Jan. 1, because of a BC Supreme Court injunction that was sought by the Harm Reduction Nurses Association.
Friday’s announcement comes days after Kamloops councillors wrote to the Premier saying that while the City supports Bill 34, the decriminalization pilot should be ended if those measures cannot be enforced because of the court injunction.
These new measures announced Friday are an about turn for the Eby government which has been defending the decriminalization pilot in recent weeks in the wake of growing concerns.
On the one-year anniversary in January, Mental Health and Addictions Minister Jennifer Whiteside said ending the pilot early “won’t save a single life.”
“As the toxicity of illicit street drugs continues to increase, more people are at serious risk,” Whiteside said at the time, noting there was “no single solution” to the emergency, and that the government would continue to use “every tool available to save lives and connect people to care.”
Measures to address drug use in hospitals
The Province says there will also be one policy that prohibits drug possession or use as well as additional supports and enforcement measures in hospitals. It says those rules are meant to improve safety and security for patients, visitors and health-care workers.
People who are admitted to hospital will now be asked if they have any substance-use challenges. If so, the Province says they’ll be given support and medical oversight while in hospital.
“Today, we are taking immediate action to make hospitals safer and ensuring policies are consistent and strictly enforced through additional security, public communication and staff supports,” Health Minister Adrian Dix said.
“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.”
The Province also says it is expanding access to treatment for people struggling with addiction, including those who are most at-risk of overdose by:
- increasing the availability and accessibility of opioid-agonist treatment (OAT), a medication-assisted treatment for people who have an opioid-use disorder, by
implementing a provincewide virtual system; - integrating addictions services with health care, housing and related services; and
- working with experts to develop methods to track prescribed alternatives with the aim of identifying and preventing diversion.
“People across the country are dying from poisoned drugs and B.C. is no exception,” said Jennifer Whiteside, Minister of Mental Health and Addictions. “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.”
It is also spending $25 million to support and expand the Hope to Health Research and Innovation Centre located in Vancouver’s Downtown Eastside, to provide intensive primary care and other services to more people with highly complex medical and psychosocial needs.
This initiative will lay the foundation for potential expansion to other communities in British Columbia.