BREAKING: Judge stays DULF convictions, finds drug trafficking ban unlawful

PENTICTON — A BC Supreme Court judge ruled Tuesday the federal ban on possessing drugs for the purpose of trafficking unjustifiably breaches the Charter, staying the convictions of two Vancouver "compassion-club" operators and giving Parliament six months to rewrite the law.Justice Catherine Murray read only her conclusion in Vancouver. The full written reasons are to be posted on the BC Supreme Court court website by 10:30 a.m. on Tuesday morning..The pair founded the Drug User Liberation Front storefront that bought heroin, cocaine and crystal meth on the dark web, tested them, labelled them, and sold them at cost to more than 40 members. Vancouver police raided the site October 25, 2023. Murray found each of them guilty November 7, 2025 of three counts under s. 5(2) of the Controlled Drugs and Substances Act. Those convictions sat in abeyance while she heard the Charter claim..Justice Murray made eight findings:First, "a non-medicalized safer-supply program is urgently needed to save lives," she said. Second, the DULF compassion club "reduced the harms of the toxic-drug crisis and did not harm the community or public safety." Third, there is no licit source of drugs for such a program.Fourth, the Controlled Drugs and Substances Act, the Food and Drugs Act and the Food and Drug Regulations are interrelated and must be read together. Fifth, there is no legally and practically available "safety valve" in the CDSA that would let a non-medicalized "safer-supply" program operate, because such a program cannot be exempted from the Food and Drugs Act and its regulations.Sixth, section 5(2) of the CDSA, she held, deprives the applicants and DULF staff of liberty, and DULF members of life and security of the person, in a manner that does not accord with the principles of fundamental justice, and so breaches s. 7 of the Charter, which ensures all Canadians have the rights to "life, liberty, and the security of person."And eighth, the same section interferes with the s. 15(1) equality rights of DULF members, which protects all Canadians from freedom of discrimination on the basis of disability (with the disability, in this case, being severe substance abuse disorder).Neither breach is justified under s. 1 — the "reasonable limits" clause — Justice Murray concluded in her oral verdict Tuesday morning..The Crown, in its arguments, conceded that a declaration of invalidity was the presumptive remedy. It asked her to confine that declaration to heroin, cocaine and methamphetamine.Justice Murray refused, stating that such a limitation "overly simplifies the issues that this challenge brings," namely the absence of a legal pathway to a non-medicalized safer supply, "whichever illicit drugs that may involve."Consequently, the oral order strikes down Section 5(2) of the Controlled Drugs and Substances Act in its entirety rather than creating a three-drug exception. Section 5(2) makes it a criminal offence to possess a scheduled substance for the purpose of trafficking. Theoretically, Justice Murray’s decision could therefore extend to substances beyond cocaine, heroin, and crystal meth, like fentanyl — a point raised repeatedly throughout the months-long Charter challenge.Because fentanyl is classified as a Schedule I drug alongside heroin, the scope of the ruling means any peer-run compassion club testing and distributing fentanyl or other scheduled substances would fall under the same struck-down provision..With her decision, Justice Murray declared s. 5(2) of no force or effect under s. 52(1) of the Constitution Act, 1982. She suspended that declaration for six months.The six-month suspension initiates a statutory timer for lawmakers in Ottawa.“It has been over 11 years since the toxic drug crisis was declared a public health emergency,” Justice Murray said. “It remains an emergency. More than 16,000 British Columbians have died from toxic drugs since then.” If Parliament needs more time, Justice Murray clarified, the Crown may apply to her for an extension.The statute still operates against everyone else during the pause.On the two accused, she went further. “Even [on] my findings as to the unconstitutionality of section 5(2) of the CDSA, I order stays of proceedings against Mr. Kalicum and Ms. Nyx personally, under section 24(1) of the Charter.”“Mr. Kalicum and Ms. Nyx have borne the burden of bringing a successful constitutional challenge, thereby doing the public interest a service, at considerable personal cost.”.“You selflessly put yourself to the side for this cause. And it’s something that most people wouldn’t do. And for that, I applaud you. You should be very proud of yourself.” She said the court process had taken a toll and worn them down. “It’s people like you who make a difference, and you just did. So go do great things. I have no doubt that you will.”

BREAKING: Judge stays DULF convictions, finds drug trafficking ban unlawful

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