Conservatives are calling on the Carney government to appeal a British Columbia Supreme Court ruling that struck down a federal prohibition on possessing illegal drugs for the purpose of trafficking.Conservative MP Frank Caputo (Kamloops-Thompson, B.C.), a former Crown prosecutor, said the ruling could make it more difficult for police to combat drug trafficking and warned of increased public disorder if cabinet does not respond.“At a time when hard drugs and trafficking are devastating communities, the British Columbia Supreme Court is allowing people to buy and sell illegal drugs,” Caputo said in a statement.The precedent “will make it harder to stop people from selling,” he said.“There is no constitutional right to sell heroin, cocaine and methamphetamine,” said Caputo. “Mark Carney has a choice. He can appeal this decision or continue the Liberals’ failed, radical drug experiment while more Canadians pay the price.”Blacklock's Reporter said Justice Catherine Murray ruled Sept. 29 that section 5(2) of the Controlled Drugs and Substances Act, which prohibits possession of controlled substances “for the purpose of trafficking,” was unconstitutional in its application to the case. The declaration of invalidity was suspended for six months.The ruling came in a case involving activists with Vancouver's Drug User Liberation Front, which distributed tested heroin, cocaine and methamphetamine to drug users. The group had received provincial funding, while Health Canada had denied its request for an exemption that would have permitted its drug distribution activities.Murray wrote that the trafficking provision disproportionately affects people with serious drug dependencies and substance-use disorders.“Persons with serious drug dependencies and substance use disorders, especially those situated in the downtown east side of Vancouver, are disproportionately impacted by the Controlled Drugs and Substances Act prohibition on possession for the purpose of trafficking,” she wrote.The court said the activists possessed the drugs for what it described as a “benevolent purpose” — providing users with substances of known quantity that did not contain contaminants commonly found in the illicit drug supply..Murray also referenced Conservative Leader Pierre Poilievre while outlining the political controversy surrounding public funding for the group.“Backbench politicians voiced concern about the government funding an organization that was sourcing drugs on the dark web,” she wrote.Murray cited Poilievre's previous criticism of the program, in which he called it a “disgrace” that the B.C. NDP would provide “hundreds of thousands in tax dollars to illegal drug dealers in addition to decriminalizing hard drugs.”The federal government has 30 days to appeal the decision.The ruling follows the rollback of British Columbia's drug decriminalization pilot, which originally allowed adults to possess up to 2.5 grams of certain opioids, cocaine, methamphetamine and MDMA for personal use without criminal penalties.Ottawa approved B.C.'s request in 2024 to restrict the exemption following concerns about drug use in public spaces. Possession remained exempt in certain locations, including private residences and designated health-care settings.Federal research has also examined public attitudes toward Canada's drug policies.The Follow-Up Survey and Qualitative Research on Controlled Substances Awareness, Knowledge and Behaviour for Public Education 2025-2026 asked British Columbians whether they believed “a public health approach focusing on prevention, education and increased funding for treatment and support services would work best to end the opioid crisis in Canada.”According to the survey, 15% of B.C. respondents agreed with the statement.
