British Columbia's highest court has rejected the province's attempt to appeal the suspension of a law that restricts the use of illegal substances in many public places.
This pause was imposed during a legal challenge to this law led by advocates for drug users.
The Court of Appeal's decision in Public Safety Minister Mike Farnworth's case was made public on Friday, a ministry spokesman confirmed.
According to a lawyer for the Harm Reduction Nurses Association, which filed the constitutional challenge, this decision was made orally by Judge Ronald Skolrood.
The appeal court found it was not in the public interest to allow B.C. to appeal the injunction, DJ Larkin, a lawyer with the Canadian Policy Coalition, said Saturday.
This means that this law should not come into force, she added.
This decision confirms a three-month injunction ordered on December 29, 2023 by British Columbia Supreme Court Chief Justice Christopher Hinkson. This injunction suspended the application of the law restricting public consumption of illegal substances, passed last November.
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Vancouver is benefiting from a federal government exemption that decriminalizes the mere possession of certain amounts of drugs on its territory for the duration of a three-year pilot project.
Photo: Radio-Canada / Ben Nelms
Although the judge refused to allow the province to appeal, the ministry said BC would continue to fight to enforce the law, arguing it was aimed at helping drug users find services while ensuring the safety of other members of the public to ensure.
Disappointment of the government
“We are disappointed with this decision and remain committed to defending this law in court against legal challenges,” Farnworth said in an emailed statement Saturday.
We believe it makes sense for the laws governing public drug consumption to be similar to those that already apply to public consumption of tobacco, alcohol and cannabis, it says.
Our government remains committed to treating addiction as a health issue rather than a crime.
Immediate danger to life
The Association of Harm Reduction Nurses (AIIRM) argues that banning substance use in many public places will lead to more addicts dying alone.
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Naloxone helps prevent cardiac arrest caused by an overdose.
Photo: Radio-Canada / Justine Boulin
“Anything that can lead to people using drugs in secret and isolation is a big concern for us,” AIIRM President Corey Ranger, a registered nurse in Victoria, said in an interview Saturday.
A law that risks displacing or criminalizing people […] represents an immediate threat to life for people.
He said he understands that many people are concerned about increased visibility of drug addiction and homelessness in public places.
Prescribed locations
But he added that displacing and criminalizing people who have nowhere to go amid a worsening public health emergency does not stop drug use.
Mr Farnworth's law allows police to order people using illegal drugs to leave a wide range of public spaces, including near homes, public transport stops, parks and beaches, including within six meters of a location , to which the public has access.
According to Larkin, this provision endangers the safety of drug users and is unconstitutional. But even without the new law, which has a much broader scope, using drugs in public places such as schoolyards and playgrounds is already illegal, she said.
198 deaths in January
The appeal court's decision comes amid a debate over drug use in public places and a day after the British Columbia Coroners Service said 198 people died of drug overdoses in January, an average of 6.4 deaths per day.
More than 14,000 people in British Columbia have died from overdoses of illegal substances since 2016, the service said Thursday. Additionally, 2023 saw the highest number of deaths attributed to this cause ever recorded in this province.
With information from David P. Ball