BC Pares Back Decriminalization, Looks to Ban Illicit Drug Use in More Public Spaces

BC Pares Back Decriminalization, Looks to Ban Illicit Drug Use in More Public Spaces
A woman prepares to smoke a cigarette in an alley after using illicit drugs at an outdoor supervised consumption site in the Downtown Eastside of Vancouver, on May 27, 2021. (The Canadian Press/Darryl Dyck)
Chandra Philip
10/6/2023
Updated:
10/6/2023
0:00
The B.C. government is tabling legislation that will ban illicit drug use in public spaces, including playgrounds, skateparks, beaches, parks, and more, just 10 months after it initiated a pilot program that decriminalizes small amounts of illegal substances. 
“The toxic drug crisis has taken too many lives, too soon. That’s why we’re doing everything we can to save lives and help people struggling with addiction get treatment,” said Premier David Eby in a news release
“At the same time, none of us want open drug use in community gathering places—especially near where kids play. That’s why we’re taking this critical step similar to how we regulate smoking or alcohol use in public, to help people feel safer in their communities.”
Mike Farnworth, MLA for Port Coquitlam-Burke Mountain, introduced Bill 34, the “Restricting Public Consumption of Illegal Substances Act,” during the Oct. 5 sitting.
“The province also recognizes that British Columbians want to feel safe as they move around their communities and to use and enjoy recreational spaces free from drug use,” Mr. Farnworth said. “The Restricting Public Consumption of Illegal Substances Act establishes a provincial framework to restrict public drug use at parks and other recreational spaces, around doorways, and near bus stops.”
Bill 34 will make it illegal to consume drugs within six metres of building entrances, including businesses, homes, and apartments. It will also be illegal to consume drugs within six metres of a bus stop, and 15 meters of playgrounds, spray parks, wading pools, skate parks, beaches, sports fields, and parks, the news release said.
This is the second move the B.C. government has made to prevent illegal drugs in public spaces. On Sept. 14, it announced measures that banned drugs within 15 meters of playgrounds, spray pools, wading pools, and skate parks. 
The government said it had applied to Health Canada to include these areas in the exclusion list. 
“We requested this amendment from Health Canada to ensure that families feel safe in their community while continuing to use every tool available to fight the toxic-drug crisis and save lives,” Jennifer Whiteside, B.C.’s minister of Mental Health and Addictions, said at the time. 
The Epoch Times reached out to the Vancouver Network of Drug Users and the Official Opposition for comment but did not hear back by publication time. 

‘Progressive Approach to Enforcement’

The B.C. government said that personal possession of illegal drugs is still permitted in certain areas as part of the province’s decriminalization pilot program. 
“This government supports decriminalization because we know that drug use is a public health matter, not a criminal justice issue. But decriminalization does not mean that it is okay to use drugs everywhere, and this legislation sets clear provincewide standards that communities expect and deserve,” Mr. Farnworth said during the House sitting. 
While introducing the bill in the House, Mr. Farnworth called it a “progressive approach to enforcement.”
According to the bill, a police officer will have the authority to instruct anyone consuming drugs in a prohibited area to stop and take their activities elsewhere. Police can also take the substance and destroy it.

Local Governments Upset 

According to the Oct. 5 news release, the tabled legislation was developed after feedback from local governments, police, and members of the public. 
Municipalities around the province have been discussing the situation for months. 
Smithers Mayor Gladys Attril said in a Union of BC Municipalities (UBCM) video published on Sept. 18 that she was seeing greater tension in the community. 
“There is an increasing impatience and tension within the community because people want something done and we’re not able to do something.”
She said there needed to be more support available for those living with drug addiction. 
“We need to help to make sure the people who need help are getting that and we don’t have that in our community now.”
An article published Feb. 21 in the Canadian Medical Association Journal foreshadowed what Ms. Attril said she is seeing as a problem with the provincial decriminalization program. 
It notes that a decriminalization program in Portugal was seen as a model for Canada. 
However, the architects of Portugal’s successful policy say B.C. is missing the crucial component of a dedicated agency to divert people to treatment and coordinate long-term supports, such as housing and vocational training,” the article said. 
City councillors and mayors across the province have been speaking out about the problems in their communities. 
Councillor Frank Wray from Smithers said there needs to be a balancing act between people in need and the public good. 
“You can’t crack open a beer at the library, but you can smoke drugs or shoot up,” Mr. Wray told The Epoch Times. And people often do, he said.
“It seems like there isn’t a consideration for the whole community,” he said. “Children needed safe spaces as well.”
Back in February, the New Westminister Council brought a resolution to the UBCM to ban illicit drugs from public park spaces used by children. 
“I have seen a lot of children with their parents that are in the park or they’re walking some of the streets downtown where there is open use of hard drugs,” Councillor Paul Minhas said at a Feb. 27 meeting. “It is a serious concern that I have. It’s very much out in the open.”
The Epoch Times also reached out to the UBCM for comment but did not hear back. 
B.C. was given permission by Health Canada to run the decriminalization program from Jan. 31, 2023 to Jan. 31, 2026. As part of the program, 2.5 grams or less of opioids, cocaine derivatives, and amphetamine derivates are permitted in public spaces, except in areas that have been put on the exclusion list, including schools and airports. 
 Tara MacIsaac Contributed to this report.