British Columbia is asking Ottawa to help the province control public drug use stemming from its decriminalization pilot project, after its own attempt to set limits through legislation was derailed by a Supreme Court injunction. of British Columbia.

Jennifer Whiteside, British Columbia’s Minister of Mental Health and Addictions, will meet with her federal counterpart, Ya’ara Saks, on Friday, where she will ask the federal Liberal government to review its current exemptions to British Columbia’s decriminalization pilot that limits use of drugs in some spaces.

“With respect to decriminalization, we will have a conversation about how the exemptions are working up to this point,” Whiteside said in an interview Thursday.

He also said he will ask Ottawa for more support for supervised drug consumption sites and other resources during Friday’s meeting in Vancouver.

Pressure is mounting on both governments to find ways to curb illicit drug use in spaces such as beaches, parks and hospitals. Since the province’s decriminalization experiment began on January 31, 2023, adults in BC have not been arrested or charged for possession of small amounts of certain illegal drugs most commonly associated with overdoses. The trial required Ottawa’s approval as it granted an exclusion from the Criminal Code sections relating to drug use for a period of three years.

Ottawa has made some exceptions where illicit drug use remains prohibited, including in kindergartens through Grade 12 schools, daycares, airports, playgrounds and skate parks.

The province’s urban mayors say they are in crisis due to widespread public drug use. Senior police officials testified before a federal parliamentary committee last week that decriminalization was carried out without the barriers necessary to maintain public order. And hospital workers are reporting a sharp increase in the use of illicit substances in patient rooms and bathrooms – even in the maternity unit of a big city hospital – which they say is putting patients at risk. workers and patients.

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Last November, the province sought to impose additional limits through the Restriction of Public Consumption of Illegal Substances Act. which would allow police to fine or jail people who refuse to comply with orders not to use drugs in certain outdoor places, such as parks and beaches. That law has been stayed by the British Columbia Supreme Court while a challenge to the Charter by the Harm Reduction Nurses Association is underway.

“We are looking at other options in light of the Supreme Court’s decision regarding the court order preventing us from implementing that legislation, and that is the conversation that we are certainly having within the government, and that we will have with the federal government. government,” Ms. Whiteside said.

While he did not elaborate on the options being considered, the province’s avenues of recourse are heavily limited by the courts. In his Dec. 29 court order, British Columbia Chief Justice Christopher Hinkson wrote that the limits contained in provincial legislation “will cause irreparable harm” by forcing drug use back into the shadows. Outdoor illicit drug use is safer, he wrote, “given the extreme lack of supervised consumption services, indoor drug use venues, and housing.”

DJ Larkin, one of the lawyers representing the Harm Reduction Nurses Association, said in an interview that Ms. Whiteside has ignored her client’s invitation to negotiate an out-of-court settlement.

Max. Larkin said the province’s legislation could be rewritten to mitigate concerns that it will put drug users at greater risk. “It is very disappointing that the government is not investing in the solutions that we know will work. We are one year into the decriminalization pilot. We have known all along that it needed to be combined with more overdose prevention sites, proactive education, clear communications and an ongoing commitment to help develop solutions to the unregulated drug supply. “BC has not done so and it is devastating to see that there is no offer on the table to resolve this poorly drafted legislation.”

Victoria Mayor Marianne Alto, a long-time advocate of decriminalization, says communities are struggling to manage the consequences without the resources that should have been put in place from the beginning. “What’s happening now with decriminalization is a great example of what happens when you only use one tool at a time,” she said in an interview. “What’s missing now are support services that allow people to take that extra step: services like rehab and detox.”

Ms. Saks was not available for an interview, but in a statement provided by her office, she said Ottawa is working with BC to ensure the pilot project is achieving its goals. “We worked with BC, at their request, on a decriminalization pilot project and continue to work closely with them to make sure it is working properly. “We have indicated from the beginning that BC’s exemption would be rigorously monitored and evaluated.”

Whiteside says it’s too early to gauge whether the pilot project is achieving its goal — reducing deaths from an unregulated, toxic drug supply — and indicated the province is not prepared to back down. “This is a very critical intervention that we are undertaking in the midst of an unprecedented public health emergency,” he said. “It is a novel approach and we recognize that it would take considerable time to see the positive impacts.”