Future of decriminalization uncertain as addictions ministers, police chiefs plan meeting

Federal Mental health and Addictions Minister Ya'ara Saks plans to meet with her B.C. counterpart, Jennifer Whiteside, and B.C. police chiefs to talk about how the province's drug decriminalization experiment is working.

The police chiefs are concerned that law enforcement officers have no power to stop problematic drug use in hospitals or public spaces.

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And critics say the public safety risks of decriminalization outweigh the benefits and, for that reason, the experiment should be scrapped.

Saks's office said she will meet with Whiteside and B.C. police chiefs to talk about their concerns.

"We have indicated from the outset that the B.C. exemption (to the Controlled Drugs and Substances Act) would be rigorously monitored and evaluated," her office said in a statement to Postmedia News.

"Health-care workers have a right to a safe workplace," the office said, adding it's aware B.C. is taking measures to address "decriminalization implementation on the ground in health-care settings."

"Before granting this exemption and during the pre-implementation period we were advised that law enforcement could use public disorder, public intoxication, trespassing and littering laws if needed to address public consumption issues."

However, her office added: "Public consumption is best addressed by provinces and territories, as they best know the needs of their communities."

Whiteside said in a statement that she's in regular contact with Saks and the meeting next week had already been scheduled to discuss "decriminalization, child and youth mental-health funding, the toxic drugs crisis, and treatment and recovery."

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B.C. Premier David Eby said the province is trying to regulate open drug use through a law, passed in November, that gives police the power to stop people from using drugs in certain public places, including sports fields, beaches or skate parks and within six metres of building entrances. However, that law doesn't specifically mention hospitals, where there is already a no-smoking rule that nurses say is consistently being flouted.

The law is facing a constitutional challenge and has been blocked from coming into effect after a Dec. 29 ruling from B.C. Supreme Court Chief Justice Christopher Hinkson. The ruling sided with the Harm Reduction Nurses Association that argued that banning drug use in most public spaces would push people into back alleys where they're more likely to overdose and die alone.

Asked about whether he's having second thoughts about decriminalization, Eby said: "Our core belief here is that addiction is a mental-health issue, a health issue. It is not a criminal law issue."

Eby, speaking during an unrelated news conference Thursday, said in addition to Whiteside's meeting with Saks, B.C. Public Safety Minister Mike Farnworth is speaking to police departments about the issue of diversion of prescription opioids, amid mounting evidence that some people are taking their free hydromorphone and selling it in exchange for more toxic street drugs.

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The debate over the future of decriminalization comes following testimony from the deputy chief of the Vancouver police, Fiona Wilson, before the House of Commons' health committee Monday.

Wilson, who is also president of the B.C. Association of Chiefs of Police, said: "In the wake of decriminalization, there are many of those locations where we have absolutely no authority to address that problematic drug use." For example, if someone smokes crack cocaine on a beach next to a family, "it's not a police matter," she said.

Wilson also said "there is nothing police can do" about drug use inside hospitals, the prevalence of which has become apparent in recent weeks as nurses are speaking out about their exposure to toxic drug smoke in the workplace.

"These are all things that we raised prior to decriminalization taking effect that we don't feel were adequately addressed," Wilson said.

On Jan. 31, 2023, B.C. became the first province to decriminalize simple possession of 2 1/2 grams or less of heroin, fentanyl, cocaine, methamphetamine and MDMA.

It's a three-year pilot project, but Saks's predecessor, Carolyn Bennett, made clear when decriminalization was launched that her office has the power to end the experiment early if "public health and safety indicators were not met."

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Despite initially heralding decriminalization as a "bold action to save lives," one year into the experiment, toxic drug deaths in B.C. reached record levels with an average of seven people a day dying in 2023.

B.C. United mental-health and addictions critic Elenore Sturko said the evidence is overwhelming that "the harm in the province right now as a result of the police's inability to use their discretion and their police powers under the Controlled Drugs and Substances Act is outweighing any obvious benefits."

Sturko said if the decriminalization project is scrapped, police would still have discretion on when to enforce the law, such as when someone's drug use is putting the public at risk.

"Ending the pilot doesn't mean ending our fight to save lives in B.C.," she said.

kderosa@postmedia.com

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