File Photo (Image Credit: CFJC Today)

By Sydney Chisholm

bc supreme court

‘I wasn’t entirely surprised, but I was disappointed’: Kamloops councillor on court allowing public drug use

Jan 9, 2024 | 6:30 PM

KAMLOOPS – Drug use in public spaces has been a hot button issue in many BC communities since the decriminalization of illicit drugs was brought into effect last January.

In November, the Restricting Public Consumption of Illegal Substances Act was passed by the B.C. legislature, allowing fines and imprisonment for people who refuse to comply with police orders not to consume drugs in certain public places. But before the act could come into effect, the BC Supreme Court quashed it.

Kamloops is just one of the many municipalities that have passed bylaws prohibiting the use of illicit drugs in public spaces.

“What you’re hearing out of Kamloops is echoed across the province,” said Kamloops Councillor Katie Neustaeter. “That is exactly why the Province of B.C. came forward with this legislation in the first place.”

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Late last year, the province moved to outlaw public consumption of illicit drugs, but before it could become law, the Harm Reduction Nurses Association argued if enforced, the act would violate the Canadian Charter.

On Dec. 29, the BC Supreme Court temporarily paused the act, ruling in favour of the Nurses Association.

“I wasn’t entirely surprised, but I was disappointed,” Neustaeter told CFJC News. “The citizens of Kamloops in particular, but the people of B.C. have been really clear in saying that allowing the public consumption of illicit substances is doing great community harm.”

Others in the community see the court ruling and the injunction as a distraction from the real issues plaguing B.C. communities.

“My concern is that through this legislation, if we are pushing people into alleys and places where they won’t be found because they don’t want to get into trouble, then we’re going to lose a lot of people through that toxic drug overdoses,” said Troylana Manson, an advocate for Moms Stop The Harm.

Both Neustater and Manson see safe consumption sites as part of the solution.

“If you’re using in front of other people or getting it tested or at a safe consumption site,” said Manson, “then you’re less likely to die. And certainly, we know there’s been no deaths in Canada at any of our safe consumption sites. Those are definitely saving lives.”

Neustater, on the other hand, is looking toward the four pillar program model, but doesn’t want it to come at the expense of the general population.

“For advocacy groups to come out and say that they want something different and for a judge to characterize this as irreparable harm to substance users,” Neustater said, “I believe is an inside-out view of the issue. And instead, we need to take a proactive approach finally to start building those solutions.”

The BC Supreme Court imposed a temporary injunction until March 31, pending a constitutional challenge.