The British Columbia Supreme Court has blocked new provincial laws against public consumption of illegal substances.
The Dec. 29 ruling in favour of the Harm Reduction Nurses Association imposes a temporary injunction until March 31, pending a constitutional challenge, with the judge saying “irreparable harm will be caused” if the laws come into force.
Public Safety Minister Mike Farnworth said in a statement the government was “concerned” by the ruling against laws meant to prevent “the use of drugs in places that are frequented by children and families.”
“(This) decision temporarily prevents the province from regulating where hard drugs are used, something every other province does, every day,” he said.
The Restricting Public Consumption of Illegal Substances Act was passed by the legislature in November, allowing fines and imprisonment for people who refuse to comply with police orders not to consume drugs in certain public places.
The nurses association argued the act, which has yet to come into effect, would violate the Canadian Charter in various ways if enforced.
But Chief Justice Christopher Hinkson said in his ruling that it was unnecessary to turn to those arguments, since the “balance of convenience” and the risk of irreparable harm weighed in the plaintiff’s favour.
