FOR IMMEDIATE RELEASE
xʷməθkʷəy̓əm, sḵwx̱wú7mesh & səlilwətaɬ territory| Vancouver, BC | September 29, 2026 – In a landmark ruling that could alter the fabric of drug policy in Canada, the BC Supreme Court has found that the criminal law used to arrest and convict DULF co-founders Jeremy Kalicum and Eris Nyx is unconstitutional. The Court ruled that section 5(2) of the CDSA violates the Section 7 and Section 15 Charter rights of DULF co-founders and people who use drugs. The Judgedeclared section 5(2) of the CDSA invalid (of no force or effect), effective six months from today. This delay is to give the opportunity for the legislature to craft a response.
In finding section 5(2) of the CDSA unconstitutional, the Court has issued a “stay of proceedings” against Kalicum and Nyx. This means that no convictions will be entered against them and they cannot be prosecuted again for the DULF compassion club activities that were the subject of this court case.
“They were courageous. They were evidence-based. They pursued their program with no profit, no benefit for themselves at all, always with the sole intention of trying to reduce the terrible rate of death in this crisis,” says Tim Dickson of DULF’s legal team. “Drug policy should not rely on people as courageous as Ms. Nyx and Mr. Kalicum. Governments need to follow the evidence and make the choices to implement programs that…will work to save lives. If we care about saving lives, then we need to follow the evidence. And that is what the Court did in this case.”
Judge Catherine Murray delivered the verdict with oral reasons for judgement, finding that “a non-medical safe supply is urgently needed to save lives” and “the DULF compassion club reduced the harms associated with the toxic drug crisis and did not negatively impact the community or public safety.“
“It’s really encouraging that the court today has recognized some of the harm created by prohibition,” says Aiyanas Ormond of the BC Coalition of Organizations By/For People Who Use Drugs. “We now have an important opportunity to re-think the whole framework of the war on drugs, and consider alternatives, like DULF, that support health, build community, and delink addiction and substance use from the violent harms of criminalization and the black market .”
In court, Judge Murray took time to acknowledge DULF’s co-founders directly. “Mr. Kalicum and Ms. Nyx, you selflessly put yourselves on the line for this cause. I know from watching you through this lengthy process that it has taken a toll…I applaud you for what you have done. You should be very proud of yourselves. It’s people like you who make a difference. Go do great things; I have no doubt that you will.”
“DULF provided life-saving services when no legal alternative was available. This put them on the wrong side of the law: their lawyers argued that given these facts, it is the law, not DULF’s co-founders, that is wrong,” says DJ Larkin, executive director of the Canadian Drug Policy Coalition. “Today, the BC Supreme Court agreed. We are deeply heartened and relieved that the Court has recognized DULF’s lifesaving and selfless work. Thank you to Jeremy, Eris and the legal team led by Tim Dickson, Stephanie Dickson, and Kaelan Unrau for your remarkable and courageous work.”
In November 2025, Eris Nyx and Jeremy Kalicum – two founders of the Drug User Liberation Front (DULF) – were each convicted of three counts of possession for the purpose of trafficking because they sourced diacetylmorphine (heroin), methamphetamine and cocaine from the dark web, rigorously tested it to ensure purity and determine potency, and sold it at cost to members of a strictly controlled compassion club. In doing so, DULF provided its members with a regulated, predictable drug supply as an alternative to the volatile street drug supply that has killed more than 18,000 people in B.C. over the past decade.
But when political winds shifted in September 2023 and several politicians publicly targeted the club and stirred up moral panic, the same government agencies who had previously supported or tacitly permitted the compassion club’s operation abandoned DULF and the club members whose lives and health the club was protecting. On October 25, 2023, the Vancouver Police Department raided DULF and arrested its co-founders, forcing compassion club members back to the dangers of the unregulated drug supply.
“Moms Stop the Harm celebrates the successful outcome of DULF’s Charter challenge and recognizes the extraordinary courage and determination of Eris Nyx, Jeremy Kalicum, their legal team, and everyone who stood behind them,” says J Stewart of Moms Stop the Harm. “At the heart of this case are people’s lives. Canada’s unregulated drug supply continues to cause preventable deaths, and people who use drugs deserve policies grounded in evidence, human rights, dignity and care — not punishment. We are grateful to DULF for having the courage to challenge the status quo.”
As for the future of Canada’s drug laws, Canada now has six months to craft legislation that upholds constitutional rights. It is expected that the Crown will appeal this judgement, which would delay any legislative changes.
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Written judgement available via the BC Supreme Court: https://www.bccourts.ca/jdb-txt/sc/26/18/2026BCSC1855.htm
Media Contact:
Jessica Hannon