VANCOUVER, BC: The Supreme Court of British Columbia has issued a temporary injunction against the proposed law targeting public consumption of illegal substances. The ruling, effective until March 31, follows the judge’s assertion that implementing the laws would result in “irreparable harm.”
The court granted the injunction on the grounds that in severely restricting public drug consumption, the Act would cause irreparable harm to people at risk of injury and death amid a public health crisis.
The legislation, put forth by the Province in September, aimed to ban the possession of illegal drugs within 15 meters of play structures in playgrounds, spray or wading pools, and skate parks. Individuals refusing to comply with police orders faced fines and imprisonment under the proposed act.
The Harm Reduction Nurses Association argued this would exacerbate many harms decriminalization aims to reduce through increased interactions with law enforcement, displacement, drug seizures, fines and arrests.
BC Supreme Court Chief Justice Hinkson agreed, concluding that, “It is apparent that public consumption and consuming drugs in the company of others is oftentimes the safest, healthiest, and/or only available option for an individual, given a dire lack of supervised consumption services, indoor locations to consume drugs, and housing.”
The BC Supreme Court ruling determined that the province’s proposed ban on public drug consumption cannot come into force until at least March 31, 2024, due to the irreparable harm it could cause to people at risk of death or serious injury from the unregulated toxic drug crisis. In his judgement, the Honourable Chief Justice Hinkson concluded, “I am satisfied… that there are serious issues to be tried [and] that irreparable harm will be caused if the Act comes into force.”
HRNA is a non-profit national organization comprised of nurses who work alongside people at severe risk of overdose and death due to Canada’s toxic unregulated drug supply. “We’re concerned this proposed law would threaten the lives, health, and safety, and Charter rights of our clients, many of whom live in communities that lack safe, indoor locations where drug use is permitted,” said Corey Ranger, HRNA President. “This law would drive our clients into more remote and isolated locations away from services and emergency care.” The application was filed alongside a Charter challenge to the law, which is likely to be heard in the new year. A statement from HRNA regarding its decision to take legal action is available online.
Public Safety Minister Mike Farnworth said in a statement the province is reviewing the court ruling in assessing its next steps.
“While we respect the decision of the court, we are concerned that this decision temporarily prevents the province from regulating where hard drugs are used, something done in every other province, every day,” Farnworth said.
Vancouver Mayor Ken Sim expressed respect for the judicial system but raised concerns about the court’s decision to pause the government’s legislation. “Our vision for Vancouver is one of a secure and safe city, where families can trust that public spaces remain free from drug-related activities, and that the well-being of our community, particularly our children, takes precedence,” Mayor Sim stated, urging the court to reconsider its decision.
Leader of BC United, Kevin Falcon, criticized the NDP government, accusing them of hastily pushing through a decriminalization policy without proper safeguards or treatment options. Falcon highlighted the seven-month effort by BC United, municipalities, and the public to compel the government to reassess their decision. He argued that the NDP’s introduction of the Restricting Public Consumption of Illegal Substances Act was an acknowledgment of the flaws in their initial decriminalization policy.
Falcon emphasized the inadequacy of the legislation and its susceptibility to the temporary injunction, pointing out the contrast between the restrictions on enjoying a glass of wine in a park and the unchecked consumption of potentially lethal drugs like crystal meth, crack cocaine, and fentanyl. As the legislation undergoes further scrutiny during this temporary injunction period, questions about its effectiveness and impact on communities persist.
