(Image credit: CFJC Today/File photo).

By Aaron Schulze

Drug Use Bylaw

Kamloops council votes to begin process of banning drug use in public places

Apr 12, 2023 | 9:50 AM

KAMLOOPS — Kamloops council voted to give banning recreational drug use in city parks and public places the old college try.

During Tuesday’s (April 11) regular meeting, council voted 5-2 in favour of Councillor Katie Neustaeter’s motion on a proposed ban on consumption of controlled substances in city facilities, parks and public places.

Maria Mazzotta, the City of Kamloops’ corporate officer, mentioned in council chambers that B.C.’s Community Charter requires ministerial approval of any bylaw that has a public health component. It would also require consultation with local health authorities such as Interior Health.

“What would likely happen next… staff would prepare a bylaw for council’s consideration and if that were given three readings, then it would be submitted to the minister for approval,” Mazzotta said. “Only if that approval is granted, and pending the consultation with public health authorities, would it then appear on a subsequent council agenda for adoption.”

Neustaeter’s motion comes in light of the province legalizing possession of small amounts of illicit substances, which she calls a good move. However, she said it does not address the societal expectation around where the substances can be used.

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“I’m realistic about this bylaw and acknowledge that two municipalities in B.C. have already made similar attempts only to be immediately challenged by both health authorities and in the courts through a private advocates group,” Neustaeter said during the meeting. “Enforcement will be the challenging pillar that we’ll need to tackle next, but I’d like to note that the intention behind this bylaw is about education and expectation, not fines.”

Councillors Dale Bass and Nancy Bepple were opposed, while Kelly Hall and Mike O’Reilly were not present. Bass says she understands the politics of Neustaeter’s motion but believes the policy in unenforceable.

Meanwhile, Bepple said she could see eliminating recreational drug use in city parks, but she could not support the motion in the way it was written.

“Yes, we have the right to impose some limitations, but for somebody who is unhoused there is no other place but the public space,” Bepple said. “If they can’t use on a sidewalk, back alley, or anywhere that’s public space within the city, then we’re saying, ‘You can’t use drugs.’ The individual does have that right.”

Byron McCorkell, the City of Kamloops’ community and protective services director, also said while council has authority to make the motion, it becomes a potential cost to the city depending on the legal defence of it.