BC moves to recriminalize drug use in all public places

The Province has announced today that illicit drug use will now be illegal in all public spaces, including in hospitals, transit and in parks—however, police are being told to only arrest people for simple possession in “exceptional circumstances.”

Premier David Eby said that the Province has requested Health Canada amend the Controlled Drug and Substances Act which will make public drug use in BC illegal.

Changes being made will not recriminalize drug possession in a private residence, a place where someone is legally sheltering, or at overdose prevention sites at drug checking locations.

The government says that when police are called to a scene where “illegal and dangerous drug use is taking place,” they will have the ability to “compel the person to leave the area, seize drugs when necessary or arrest the person, if required.”

In November 2023, the Province passed the Restricting Public Consumption of Illegal Substances Act (RPCISA) in an attempt to address public drug use, however that legislation is currently being challenged in court.

A resolution of that court issue is likely more than a year down the road, said Eby. He added that BC cannot afford to wait that long, prompting today's actions.

Eby said that escalation of drug use in places like hospitals and restaurants were a contributing factor in making the decision to make the amendment.

Changes within hospitals were also announced today. A new policy will prohibit street-drug possession or use within hospital settings.

From now on, patients will be asked if they have substance-use challenges upon being admitted, and will then receive “active support” and medical oversight for addiction care.

Access to addictions treatment is being expanded, the Province promised, including the availability of opioid-agonist treatment (OAT), which is a medication-assisted treatment for those with opioid-use disorder.

“Keeping people safe is our highest priority. While we are caring and compassionate for those struggling with addiction, we do not accept street disorder that makes communities feel unsafe,” said Eby. “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.”

“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,” added Adrian Dix, Minister of Health.

The BC United party responded to today's news by saying that the damage done by the NDPs is "beyond repair."

“Today’s announcement is nothing more than political damage control by David Eby to mask the obvious conclusion that his reckless decriminalization experiment has failed as he now tries to hide the chaos and harm his policies have caused," said a joint statement from leader Kevin Falcon and Elenore Sturko, BC United Shadow Minister for Mental Health, Addiction. "Over the past 15 months, it has become painfully clear that this policy has neither saved lives nor reduced drug overdoses, but has instead spread harm and disorder in communities across British Columbia."

BC United added that a Falcon-led government would "immediately end the NDP’s disastrous decriminalization strategy and taxpayer-funded drug diversion."

The party's “Better is Possible” plan reportedly "emphasizes treatment, recovery, and stringent enforcement against drug trafficking to restore safety and order to our communities.”

“Instead of upholding their commitments to scrap the decriminalization pilot when it clearly wasn't meeting its goals, David Eby and the NDP have stubbornly persisted with this dangerous policy. From its inception, the decriminalization experiment has failed to connect drug users with any necessary treatment or recovery services. The entire NDP approach has been built around normalizing drug use, which only further harms kids and communities.”