Joint Statement from the Harm Reduction Nurses Association, the Canadian Drug Policy Coalition and Pivot Legal Society
xʷməθkʷəy̓əm, sḵwx̱wú7mesh & səlilwətaɬ lands Vancouver, BC | December 20, 2024 – Yesterday the B.C. provincial government repealed Bill 34: the Restricting Public Consumption of Illegal Substances Act. This represents a small but hard-fought victory against politically-driven laws and policies that inflict harm upon those made most vulnerable by oppressive systems.
The Act was initially passed last November, but a temporary B.C. Supreme Court injunction filed by the Harm Reduction Nurses Association and supported by the Canadian Drug Policy Coalition and Pivot Legal Society prevented it from coming into force until the court could assess whether it violated Charter rights. Rather than proceed through this process, the province has repealed the legislation.
It is important to recognize the harms the Act would have codified into law, and the harm prevented by its repeal. In repealing this legislation, the province has tacitly admitted that the Act would not have withstood the court’s scrutiny of its harmful consequences. We can count this as a victory. But ultimately, until evidence and ethics guide public policy in B.C., we fear we will be forced to continue these fights.
In its injunction ruling, the court agreed 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. Chief Justice Hinkson said, “Given the evidence before me, I find that 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, which carries incumbent risks to [people who use drugs] and also the plaintiff’s members.”
This piece of legislation, which was not time-limited to the duration of B.C.’s decriminalization pilot, would also have enabled an increase in policing scope to specifically target unhoused people. The law would have had outsized impacts on Indigenous and racialized people, recreating and intensifying the existing harms of colonization and systemic racism. There was widespread opposition to the Act, including from the Union of British Columbia Indian Chiefs, the Surrey Union of Drug Users, the BC Association of Social Workers and CMHA BC.
Though the BC government has repealed Bill 34 in light of the court injunction and significant community backlash, some of the Act’s insidious elements exist within the province’s Apr. 2024 amendment to the decriminalization pilot. This politically-driven amendment circumvented the injunction against the Act and codified some of its most harmful facets through other means. We stand by our colleagues who have filed a judicial review of this egregious sidestepping of justice.
While the end of this harmful legislation represents a win for human rights, we continue to exist within a prolonged public health emergency. Criminalizing drug use is a far downstream intervention that lacks evidentiary support. More than a century of criminalization has demonstrated that enforcement has not decreased drug availability or use, is an ineffective use of public funds, and is clearly linked to an increased risk of overdose and cycles of homelessness. Criminalization drives further toxicity and unpredictability in the unregulated drug supply and signals to a significant portion of B.C.’s population that their deaths are acceptable. Once again, Chief Justice Hinkson reminds us, “I have already set out that British Columbia is in a Public Health Emergency. As part of these circumstances, the plaintiff argued, and I accept, that the unregulated nature of the illegal drug supply is the predominant cause of increasing death rates in British Columbia.”
We know the drivers of more than five preventable deaths per day in B.C.: stigma, isolation, and a poisoned drug supply. All three are made worse by criminalization. We implore the B.C. provincial government to stop playing politics in a public health emergency; we want to work together to end this crisis, with a shared understanding that every single death by the unregulated drug supply is preventable.
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Links and Resources:
- Bill 34 – Restricting Public Consumption of Illegal Substances Act
- December 29, 2023 B.C. Supreme Court Ruling on Injunction Application
- December 29, 2023 HRNA Press Release
- April 26, 2024 HRNA Press Release in response to B.C.’s decriminalization pilot amendment request
To arrange interviews, please contact Jessica Hannon, Canadian Drug Policy Coalition [email protected]
