Quebec Government Secretly Eased Drug Possession Laws More Than a Year Ago

The Quebec government has quietly relaxed its approach to individuals caught with small amounts of illegal drugs, in line with a federal law aimed at diverting drug users away from the criminal justice system.

Published in April 2023, the province issued a guideline suggesting that cases involving simple drug possession should only be prosecuted when there is a risk to public safety. Quebec’s director of prosecutions then issued a new directive specifying that drug possession may pose a threat to public safety in situations involving organized crime, violence, or the presence of minors.

Premier François Legault’s Coalition Avenir Québec government did not publicly announce the change at the time. The notice, initially reported by Le Devoir this week, was published in the province’s official gazette.

Although several municipal police forces claim they were not informed of the new directive for prosecutors and have not altered their methods for handling drug possession cases.

Louis-Philippe Généreux, a criminal lawyer at a legal aid office in Joliette, speculated that the government wanted to avoid seeming to downplay the seriousness of illegal drugs.

Généreux stated in an interview on July 16, “The objective was not to convey the message that it’s permissible to carry drugs without consequences. The focus is on targeting the root of the issue, not the user at the bottom of the chain.”

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Généreux became aware of the change in the months after the new directive was published, noting its impact on the province’s criminal justice system. Prosecutors are now less likely to pursue charges against those with small amounts of drugs, directing them instead to alternative programs involving treatment or community service.

The new guideline was a response to a federal law passed in November 2022, aiming to divert individuals committing minor drug offenses away from an overwhelmed criminal justice system and reduce recidivism by avoiding incarceration.

According to Emanuelle LeBlanc, a spokesperson for Quebec Justice Minister Simon Jolin-Barrette, the new guideline was issued in compliance with these legislative changes.

Despite not being informed when the guideline was published, municipal police forces in Quebec City, Gatineau, and Laval confirm that their procedures have not changed, even as fewer cases of simple drug possession are being prosecuted.

Ms. LeBlanc stated, “The guideline has no impact on police practices and does not alter their duties. Simple possession remains a criminal offense requiring police intervention.”

Jean-Sébastien Fallu, a Université de Montréal professor studying substance abuse, suggested that the CAQ government didn’t highlight the change since it contradicts the party’s conservative stance on drugs, including strict regulations on cannabis.

He added, “It’s not a message the government wants to promote as it doesn’t align with their base or policies.”

In January 2023, British Columbia became the first Canadian province to decriminalize simple drug possession, allowing individuals to carry small amounts for personal use without facing charges. However, the province later reintroduced a ban on public drug use.

Bill C-5 and the Quebec directive offer a different strategy, where individuals failing to complete an alternative program could still be subject to prosecution, according to Ms. LeBlanc.