B.C. Supreme Court pauses legislation banning drug consumption in public spaces, citing 'irreparable harm'

CBC
Fri, December 29, 2023

People gather at a Drug User Liberation Front rally in support of a safe supply of drugs in Vancouver in June 2020. In November this year, the B.C. NDP government banned illegal substance use in most public spaces. (Maggie MacPherson/CBC - image credit)

The B.C. NDP government's legislation to ban all drug use in a wide range of public spaces has been suspended by the province's Supreme Court.

The B.C. Restricting Public Consumption of Illegal Substances Act, passed early November, has now been paused for three months pending a review.

The province had banned illegal substance use from all public parks to sports fields and beaches, as well as close to any workplaces, skate parks, pools, transit stops, residences or playgrounds — even within six metres of "a place to which the public has access" and "a prescribed place."

But B.C. Supreme Court Chief Justice Christopher Hinkson ordered the law paused until March 31, ruling it would likely result in more deaths, displacement and criminalization of people who use drugs (PWUD).

"Irreparable harm will be caused if the act comes into force," Hinkson wrote in his ruling, released Friday.

"... 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."

A man holds boxes containing cocaine, meth and heroin that was given out by Jean Swanson during a safe supply event in Vancouver, B.C. on Wednesday, July 14, 2021.
(Ben Nelms/CBC)

Hinkson granted a temporary injunction suspending the law, which had been sought by the Harm Reduction Nurses Association (HRNA).

Toxic, unregulated drugs killed at least 2,039 people in the province in the first 10 months of this year, according to the B.C. Coroners Service last month. That brings the total to 13,317 deaths since B.C. declared a public health emergency in 2016.

The HRNA said in a statement Friday that the act would "exacerbate many harms" to drug users, not only undermining efforts toward decriminalization, but endangering people's lives.

"The act would cause irreparable harm to people at risk of injury and death amid a public health crisis," the association said in a statement Friday.

"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."

In a statement following the ruling, B.C.'s public safety minister said the law was meant to protect families, children and "vulnerable community members," while also claiming to help substance users.

"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," Mike Farnworth said in a statement Friday.

"We're determined to keep doing everything we can to save lives in the face of the toxic drug crisis … while recognizing that hard drugs should not be used in public places frequented by children and families, as well as vulnerable community members."