Federal Mental Health and Addictions Minister Ya’ara Saks says the government remains “wholeheartedly committed” to working with British Columbia as the premier wants to scale back the province’s drug decriminalization exemption.
The goal is to allow police to intervene in public illicit drug use following reports of drug use in places like hospitals and Tim Hortons, and growing concerns about how to tackle that.
“They requested this exemption from the federal government with a full plan for a suite of tools to address the illicit toxic drug supply and the overdose crisis. Our commitment is to keep this firmly in the frame that this is a health-care crisis and not a criminalization issue,” Saks said prior to question period.
On Friday, B.C. Premier David Eby said he is asking the federal government to modify its Criminal Code exemption for simple drug possession so police can intervene in instances of public drug use.
Eby said he still sees addiction as a health issue, not a criminal issue, and the principle of the decriminalization pilot is to try and help people get assistance without fear of arrest.
The goal, according to Eby, is that police would encourage people not to use drugs in public, potentially seize the drugs and arrest people only “when necessary.”
“That compassion, that concern for people who are struggling does not mean that anything goes. We still have expectations around safety, public spaces, in the coffee shop, on the bus, in the park, on the beach,” Eby said Friday.
Saks said B.C.’s application to modify the exemption is still under review by Health Canada, as it was only received on Friday.
The decriminalization pilot is scheduled to run for three years and began in January 2023. Under it, adults are allowed to carry up to 2.5 grams of illicit drugs including heroin, crack and methamphetamine.
Under Eby’s request, these drugs would remain decriminalized for personal use in a person’s home, a place they are legally sheltering and overdose prevention or drug-testing sites.
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Conservative Leader Pierre Poilievre has been critical of B.C.’s drug policy, saying that all resources should be put into treatment instead of safer supply programs.
Now, he’s accusing Eby of requesting this pause for political reasons.
“We know now the NDP and perhaps the Liberals are doing a panicked flip-flop right before the election because the people are fed up with all the death and destruction Liberals and NDP politicians have caused,” Poilievre told Global News Sunday.
Saks did not specifically name Poilievre but said some people are trying to polarize this issue by prescribing only one solution to the drug crisis.
“Some of the voices out there that are polarizing right now would like to look at this in singular frames. I say resolutely that we have to look at this as a health-care crisis. I’m looking at all the tools that we need,” Saks said.
“We do not want to stigmatize people. We want people to get help and the treatment and services that they need, and we need to create a framework that supports them to get that health care.”
The Conservatives repeatedly called on the Liberals to reverse the decriminalization exemption in question period on Monday.
Health Minister Mark Holland said the government has a plan in place.
In February, B.C. saw 177 suspected unregulated drug deaths. According to the province, this is an 11 per cent decline from the year prior and a 12 per cent decrease from January. The province says 86 per cent of these deaths took place indoors, with almost half happening in private residences.
Thirty-eight per cent occurred in places like shelters, hotels, social housing units and other indoor locations.
In 2023, B.C. saw 2,546 drug deaths, a figure that’s been increasing annually since 2019, when there were 990 drug toxicity deaths.
The City of Toronto has its own application for decriminalization before Health Canada. This includes decriminalizing simple possession for personal use and covers the entire city with some exceptions and all people regardless of age.
Excluded areas from the proposed exemption include K-12 schools, child-care centres and airports.
Instead of arrest, people would be offered voluntary referrals to a variety of health and social service options, including treatment.
In a statement, Toronto Public Health spokesperson Dane Griffiths says the city is watching the B.C. exemption closely.
“In Toronto’s proposed model of decriminalization, public drug use remains illegal; however, as we have seen in B.C., we need a comprehensive approach that keeps everyone in our communities safe,” he wrote.
“This includes increased access to clinical healthcare spaces for people who use drugs, such as supervised consumption services.”
Toronto’s application was signed off on by its chief public health officer, city manager and police Chief Myron Demkiw.
This application was originally submitted in January 2022 and updated in March 2023. It remains under review by Health Canada.
Speaking in Ottawa Monday, Ontario Premier Doug Ford says he plans to fight this application “tooth and nail.”
“Drop that application. It’s turned into a nightmare. I’ve talked to the premier of there, it’s bad. Reinvest in rehabilitation,” Ford said.
“That’s what we should be doing, not legalizing hard drugs. Like, you’ve got to be kidding me, letting people do cocaine and crack and heroin. You’ve got to be kidding me. I will fight this tooth and nail. This is the wrong way to go.”
— with files from Global News’ Simon Little.
