The BC government apparently has the authority to regulate smoking and vaping — even cannabis — in public places, but not where addicts consume what are ostensibly still illegal drugs under federal law.That’s the message from the BC Court of Appeal, which refused to strike an injunction against Bill 34, which seeks to regulate the use of illicit drugs in public spaces such as sports fields and public buildings.The court re-imposed a three-month injunction against the law on the grounds that it would cause “irreparable harm” to addicts who would be forced into back alleys and other spaces where the Harm Reduction Nurses Association says they are more likely to overdose and die alone..After decriminalizing hard drugs such as heroin, meth and cocaine in January of last year — and expanded so-called safe supply programs — to address its overdose crisis, the BC government has backtracked under pressure from municipalities to restrict areas where they can be consumed.The Restricting Public Consumption of Illegal Substances Act, which was passed in November, gives police the power to order people to stop using drugs in public places such as sports fields, beaches or skate parks and within six metres of building entrances. It was already illegal to use drugs around schools, splash pads and playgrounds.Those who refuse, could have been fined up to $2,000 and imprisoned for up to six months. Under the law, police also have the discretion to seize and destroy the drugs..“I think British Columbians understand that we can have compassion about addiction and mental-health issues while having standards and rules around where is and isn’t appropriate for drug use.”BC Premier David Eby.That was apparently too restrictive for so-called ‘harm reduction’ advocates who complain there aren’t enough safe consumption sites to prevent overdoses. The other problem is that 65% of all overdose deaths are from smoking drugs as opposed to injection and smoking anything — tobacco, cannabis, much less meth and crack — is illegal at the province’s 47 safe consumption sites.The minimum fine for smoking a cigarette in a park or any other outdoor public space in Vancouver is $250..That’s notwithstanding a growing public backlash to supervised consumption sites in general. On Family Day, clashes erupted in Richmond in response to protests against a site that had already been rejected by city council. In the US, states such as Oregon are moving to re-criminalize hard drugs after what it admits was a failed experiment in harm reduction that began in 2021. Last week the Oregon Senate voted to make simple possession a misdemeanour punishable by six months in jail.The fate of BC’s experiment, which runs until 2026, remains in question. It has done little to stem either the flow of toxic drugs or overdose deaths, which hit a record high last year.And while Premier David Eby said he supports efforts to reduce the harms from addiction and mental health, he said his government will be looking to take the issue to the Supreme Court of Canada..“After utterly failing to put in any safeguards, the NDP scrambled to address the fallout with Bill 34. Four months later, the bill is still in limbo and communities are feeling increasingly unsafe,”BC United addictions critic Elenore Sturko .At a press conference on Monday, he said it’s common sense that if the government can regulate alcohol and tobacco, “surely we can put rules in place in relation to hard drugs.”“I think British Columbians understand that we can have compassion about addiction and mental-health issues while having standards and rules around where is and isn’t appropriate for drug use.”But BC United addictions critic Elenore Sturko took the NDP government to task for what she called a “dangerous experiment” that has made the toxic-drug crisis worse.“After utterly failing to put in any safeguards, the NDP scrambled to address the fallout with Bill 34. Four months later, the bill is still in limbo and communities are feeling increasingly unsafe,” she said in the Legislature on Monday.
