Image credit: B.C. Supreme Court

By Mel Rothenburger

ARMCHAIR MAYOR

ROTHENBURGER: Ruling against drugs-in-parks ban collides with public opinion

Jan 4, 2024 | 5:55 AM

A B.C. SUPREME COURT decision against prohibiting the consumption of illicit drugs in parks, beaches and sports fields, and near business entrances and bus stops has surprised and disappointed a lot of people.

The drugs-in-parks act was brought in only recently by the NDP government after pressure from municipal politicians supported by Opposition MLAs.

According to the judgment by Chief Justice Christopher Hinkson, it would have caused “irreparable harm.” He said public consumption is “oftentimes” the safest and healthiest option “given a dire lack of supervised consumption services, indoor locations to consume drugs, and housing.”

That, of course, has always been the main criticism of attempts to limit where drugs can be consumed. If it weren’t for the pilot project decriminalizing possession of small amounts of illicit drugs, there would be no issue regardless of support services.

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Hinkson’s granting of an injunction means the provincial law is on pause at least until March 31 so a determination can be made on whether it violates Charter rights. In the meantime, restrictions on where drugs are consumed that are included in the decriminalization guidelines — including school property, playgrounds, child-care facilities and skate parks ­— remain.

Nevertheless, Hinkson’s decision goes against popular opinion that public consumption presents serious risks to the public. That’s where the possibility of “irreparable harm” truly comes in.

But Hinkson found that the risk to the public is trumped by the need to deal with the overdose crisis. Public buy-in is essential to dealing with the crisis, so the ruling ironically works against the very supports he acknowledges are needed.

It would be easy to blame the judge instead of the judgment. But his job is to interpret and uphold the rule of law, not to re-write it. Writing law is for politicians.

The problem isn’t with the judge or the judiciary, but with the current legal and social framework that puts the rights of the few ahead of those of the many.

I’m Mel Rothenburger, the Armchair Mayor.

Mel Rothenburger is a regular contributor to CFJC Today, publishes the ArmchairMayor.ca opinion website, and is a recipient of the Jack Webster Foundation Lifetime Achievement Award. He has served as mayor of Kamloops, school board chair and TNRD director, and is a retired daily newspaper editor. He can be reached at mrothenburger@armchairmayor.ca.

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Editor’s Note: This opinion piece reflects the views of its author, and does not necessarily represent the views of CFJC Today or Pattison Media.