When the federal government allowed British Columbia to walk back its experiment with drug decriminalization, the move wasn91Ƶt surprising to Brittany Maple, executive director of the Matsqui-Abbotsford Impact Society.
91ƵIt91Ƶs disheartening,91Ƶ Maple said. 91ƵWe are effectively criminalizing people for existing in public spaces when they have nowhere else safe to exist.91Ƶ
Now, Maple91Ƶs society has teamed up with a coalition of drug user advocacy groups to take the federal government to court, claiming the decision to recriminalize public drug possession in B.C. puts users at increased risk of death.
The group of 13 non-profits, which includes the Vancouver Area Network of Drug Users and the Western Aboriginal Harm Reduction Society, alleges in an application filed in Federal Court that the government recriminalized public drug possession in B.C. 91Ƶwith minimal justification or evidence.91Ƶ
In an interview Wednesday, Maple said the toxic drug crisis coupled with the province91Ƶs housing crisis leaves people who use drugs vulnerable to arrest or death.
91ƵWe91Ƶve spent many, many years telling people 91Ƶdo not use alone,91Ƶ91Ƶ she said. 91ƵWe91Ƶre pulling people out of the shadows to try and keep people safe in an unprecedented crisis of toxic drug poisoning (and) death and this serves to recriminalize those people and push them further into the shadows and it will increase the death toll.91Ƶ
The groups claim in court that decriminalization was part of B.C.91Ƶs 91Ƶaction plan91Ƶ on the toxic drug crisis that required an exemption from the Controlled Drugs and Substances Act.
The provincial government later sought an 91Ƶexemption amendment91Ƶ to again prohibit public drug possession, which was granted by the federal minister of mental health and addictions in early May.
The court application says the decision was made in 91Ƶbad faith, for reasons of political expedience,91Ƶ and failed to consider the Charter-protected rights of drug users.
91ƵWe know that consultation with affected communities is a very important step in making these amendments and these exemptions and to our knowledge that didn91Ƶt happen,91Ƶ Maple said. 91ƵThe point of a judicial review is to seek those answers, and if the appropriate process wasn91Ƶt followed we are seeking for the exemption amendment to be quashed.91Ƶ
The non-profit groups claim the minister91Ƶs decision was based on vague 91Ƶpublic safety concerns,91Ƶ and the effect was to recriminalize the possession of certain illegal drugs in all places other than a private residence.
Minister of Mental Health and Addictions Ya91Ƶara Saks office said in a statement that the province asked for the amendments to its drug decriminalization pilot project.
91ƵAfter careful review and consideration, Minister Saks granted B.C.91Ƶs request to reduce the scope of public places where possession of controlled substances is permitted,91Ƶ the statement said.
91ƵEveryone deserves to feel safe in their communities. Law enforcement also needed to have additional tools to address issues of public safety while continuing to take a compassionate and public health approach to addressing substance use harms.91Ƶ the statement said.
Exemptions continue to apply in private residences, health care clinics, places where people are sheltering and overdose prevention and drug checking sites, Saks statement said.
The federal government has not responded to the application in Federal Court, which was filed in Vancouver earlier this month.
In filing the judicial review, the groups want the court to quash the minister91Ƶs decision rather than order it sent back for reconsideration, claiming 91Ƶno useful purpose would be served91Ƶ by sending it back because the minister has a 91Ƶclosed mind91Ƶ
91ƵWe know that no one strategy is going to solve the toxic drug poisoning crisis,91Ƶ Maple said. 91ƵWe91Ƶre advocating for a comprehensive system of care, a comprehensive set of strategies, and decriminalization is one piece of that.91Ƶ
The groups are also asking the court to hear the application on an 91Ƶexpedited basis.91Ƶ
91ƵThe underlying circumstances are urgent,91Ƶ the application says. 91ƵSeven British Columbians are dying each day from the toxic, unregulated drug supply.91Ƶ
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