The Kamloops councillor who spearheaded the local bylaw amendments meant to end illicit drug use in public spaces says she is hopeful higher levels of the justice system will be able to make decisions to get the rule changes back on the books.
Katie Neustaeter’s comments come on the heels of the BC Supreme Court imposing a temporary injunction until March 31 to stop the enforcement of the provincial laws which limit the use of illicit drugs in areas where children and families gather.
“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,” Neustaeter said.
The Restricting Public Consumption of Illegal Substances Act, which was passed by the legislature in November, was scheduled to take effect on Jan. 1. It was set to ban public drug use within six metres of all building entrances and bus stops as well as within 15 metres of playgrounds, spray and wading pools, and skate parks; and at all parks, beaches, and sports fields.
“Local governments, police, and some members of the public have expressed increasing concerns about public drug use,” Public Safety Minister Mike Farnworth said in October. “The legislation will respond to these concerns by restricting public use similar in many respects to what is in place for smoking, alcohol, and cannabis.”
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 last month. “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.”
While the legislation gave police the power to fine or imprison people who refused to comply with the rules, Farnworth in October said that people using drugs in public would not be criminally punished.
Instead, he said police officers would ask them to stop using or move them to another location.
The new law was also poised to become the first major change to B.C.’s drug decriminalization pilot program, which began on Jan. 31 last year – which removed grounds to arrest or charge people for personal possession of small amounts of some illicit drugs — since it began on Jan. 31.
That exemption – which is set to expire on Jan. 31, 2026 – allows adults to possess 2.5 grams of opioids like heroin and fentanyl, as well as crack and powder cocaine, methamphetamine, and MDMA – for personal use.
Speaking on NL Newsday, Neustaeter said she hopes higher courts – like the Supreme Court of Canada or the BC Court of Appeal – will “quickly” sort out the ongoing legal challenge and “end the debate about whether restrictions on open drug use can be made.”
“At the end of the day, it defies the data,” Neustaeter said. “The data does not show us that the majority of people who are dying from using alone are doing so in public spaces. That is not what is happening. Most people using in public spaces are savvy and are not alone.”
“What we need to focus on is destigmatizing getting help but not destigmatizing drugs which is in many ways what we are doing at this point. What we need is options for people who want treatment, who want to be able to address their addictions issues.”
In late September, Kamloops Council legislated sweeping open use drug restrictions into existence, which outlawed open drug use within 100-meters of parks, playgrounds, sports fields, beaches, municipal buildings with public access, as well as on all city sidewalks.
However, Farnworth told Radio NL in October that the Kamloops bylaw was unlikely to get provincial approval.
“Local government is required to consult [with health authorities.] That’s one of the reason while we put in-place the rules on the distances,” Farnworth told Radio NL. “We don’t want a patchwork approach across the province.”
“There’s a fair bit of consultation that has gone into making the rules and the legislation. It’s easy for communities to understand, easy for the public to understand.”
While the City of Kamloops did receive significant pushback from Interior Health when it first introduced its open use bylaw amendments, the two sides have since begun sitting down to try to work through their differences.
