B.C. Premier David Eby and Health Minister Adrian Dix say they are seeking to remove federal legal exemptions to drug use and possession in public spaces, including hospitals where new regulations are to be put in place.
The changes come after the January 2023 launch of a three-year drug decriminalization pilot that amended the federal Controlled Drugs and Substances Act to decriminalize drug possession and drug use.
Since then the BC Nurses' Union has reported an escalation of drug use, including smoking, in hospitals. Some municipal leaders have reported concerns about how drug use may occur around children in parks since the federal amendment restricted drug use only around playgrounds and not the likes of sports fields.
In November 2023, as a result of some of these concerns, the B.C. government passed the Restricting Public Consumption of Illegal Substances Act (RPCISA) but that law has been challenged in B.C. Supreme Court with an injunction imposed on it.
However, last December, B.C. Chief Justice Christopher Hinkson sided with the Harm Reduction Nurses Association that irreparable harm would be done if the law was passed. The B.C. government was denied leave to appeal the injunction on March 1.
Now, the provincial government is working with the federal government (Health Canada) to make changes to the legality of using and possessing drugs in B.C. The intent, according to a statement issued Friday, is to provide police with the power to enforce against drug use in “all public places, including hospitals, restaurants, transit, parks and beaches” while “guidance will be given to police to only arrest for simple possession of illicit drugs in exceptional circumstances.”
If the changes are enacted, police will have the ability to “compel the person to leave the area, seize the drugs when necessary or arrest the person, if required,” according to the government.
“We’re taking action to make sure police have the tools they need to ensure safe and comfortable communities for everyone as we expand treatment options so people can stay alive and get better,” said Eby.
“Addiction is a health issue not a criminal justice one. That principle is what the entire decriminalization project is about,” said Eby, noting compassion for the extraordinary opioid overdose death toll B.C. is experiencing.
“But that compassion and concern does not mean anything goes. We have expectations of public safety,” said the premier.
Drug use and possession (under 2.5 g) will remain legal in private homes and where someone is sheltering, said Eby.
As for the concerns at hospitals, a new policy of asking patients if they experience “substance use challenges” will be put in place. It will be made explicit that illicit drug use is not permitted in a hospital.
“Non-compliance will be addressed by hospital security and through an escalation process that could include discharge (with support) from the hospital and/or police involvement,” the government said.
“Today we are taking immediate action to make hospitals safer and ensuring policies are consistent and strictly enforced through additional security, public communication and staff supports,” said Dix.
“The action plan launching today will improve how patients with addictions are supported while they need hospital care, while preventing others from being exposed to the secondhand effects of illicit drug use,” added Dix via the statement.
As part of the plan, there will be expanded access to opioid agonist treatment.
And, addiction and mental-health support teams will be added in “major hospital sites” for “immediate response and engagement with patients with severe addictions or mental-health issues.”
Another action taken will be security capacity reviews at all hospital sites “to ensure adequate security capacity is available for rapid response and ensuring the safety of patients and health workers.”
Garth Mullins, a board member of Vancouver Area Network of Drug Users (VANDU), called Friday’s announcement “all political.”
Mullins said public drug use has become a “moral panic” among Eby’s opponents.
Mullins said a reversal of the policy runs the risk of making matters worse for drug users.
“One of the reasons to have ‘decrim’ was to bring people out of the alleys so people aren’t dying alone,” said Mullins.
As for police needing an amended legal mandate to stop use, Mullins said, “I have trouble believing that police can’t tell someone to stop smoking rock in a Tim Hortons. They’ve been telling people to move along my whole life.”
