Court Appeal Rejects BC’s Attempt to Ban Drug Use in Parks
B.C.’s top court has upheld a judicial ruling that temporarily paused a provincial law designed to restrict drug use in public areas.
The provincial government’s attempt to overturn the injunction against Bill 34 was struck down by the Court of Appeal late last week.
Following the province’s decision to decriminalize small amounts of hard drugs in 2023, many city officials and residents have complained about drug use in places children gather. The B.C. government passed legislation to ban drug use from many such public places, but drug-user advocates fought it in court and won the injunction.
The law was said to violate the charter rights of drug users, and the current decision upholds that view.
Public Safety Minister and Solicitor General Mike Farnworth said in a release the government is “disappointed” by the court’s ruling and remains “committed to defending this legislation in court.”
The Restricting Public Consumption of Illegal Substances Act permits fines and potential imprisonment for those refusing police orders not to consume drugs in public places such as playgrounds, beaches, and skateparks. The act was given royal assent last November.
B.C. Supreme Court sided with the HRNA and issued an injunction last December to block the legislation until March 31. B.C. Supreme Court Chief Justice Christopher Hinkson ruled the new law had the potential to cause “irreparable harm” to drug users at risk of overdose.
While a stay was granted against the law, the case has yet to be decided.
Mr. Farnworth said that he stands by the law his party passed, adding that it is intended to “help people feel safe in community spaces while also encouraging people struggling with addiction to connect with the services and supports they need.”
Drug Deaths
The Court of Appeal ruling comes on the heels of a report released by the B.C. Coroners Service detailing the number of drug deaths in the province in January.
The coroner’s office said it suspected at least 198 deaths were caused by the use of toxic, unregulated drugs. Seven out of every 10 fatal overdoses in January were men between the ages of 30 and 59.
No area of the province is immune to the ongoing toxic-drug crisis but the areas hardest hit continue to be Vancouver, Surrey, and Nanaimo, the report said.
The B.C. Coroners Service described “unregulated drug toxicity” as the leading cause of death for B.C. residents aged 10 to 59, saying it accounts for more deaths than homicides, suicides, accidents, and natural disease combined. The report noted more than 14,000 British Columbians have died of toxic overdose since the public-health emergency was first declared in April 2016.
Chandra Philip contributed to this report.
