BC’s newly appointed Minister of Public Safety and Solicitor General, Garry Begg, has released a statement regarding the official repealing of the Restricting Public Consumption of Illegal Substances Act.
This repeal occurred because the Supreme Court of British Columbia never allowed the legislation to be passed, leaving it stuck in limbo.
Despite their legislation being blocked due to Charter of Rights and Freedoms violations, the Province achieved their goals through alternative means.
In November 2023, this act was passed shortly after another initiative which saw the possession of small amounts of certain drugs decriminalized.
This partial decriminalization in BC came through a request to Health Canada, in an effort to reduce the number of people obtaining toxic drugs and dying as a result.
“From the beginning, our goal has been to make it easier for people struggling with addiction to get the help they need,” said Begg.
“Although the number of deaths from toxic drugs this year have been slowly declining, we know there is still much more to be done to end this crisis and save lives.”
Begg says that BC’s decriminalizing efforts have been important in addressing the current toxic drug crisis; however, he added that this endeavour needs to be balanced with allowing people to enjoy drug-free community spaces.
“Decriminalization was never intended to mean people could use drugs anywhere they wished,” he added.
Because the act was denied by BC’s top court, BC then turned back to Health Canada in April 2024 to seek restrictions on their decriminalization efforts, dictating where drugs can be used or possessed.
This decision was heavily scrutinized by several advocacy groups, including the BC Civil Liberties Association (BCCLA) who say the Province has been “remarkably unclear” about the decision to restrict their own decriminalization policy.
BCCLA noted that this decision likely came from the mounting pressure of municipalities creating their own drug ban bylaws in response.
“People can now only possess drugs in private residences or designated health-care sites, such as overdose prevention, drug-checking, or addiction treatment service locations,” Begg continued in his statement.
“An exception has also been made to support unhoused people in legal overnight sheltering locations.”
By going over the heads of BC’s top court officials, the Province’s goals were achieved by restricting where drugs can be used or possessed, and so Begg says the Restricting Public Consumption of Illegal Substances Act has now been officially repealed.
The BCCLA say that their vision for BC’s drug policies is for all levels of government to endorse decriminalization of drug use, endorsement of safe supply programs and support for the proper regulation through evidence-based harm reduction means.
