B.C. is working with the federal government to immediately change its drug-decriminalization policy to ban illicit drug use in all public places and hospitals.
Last year, B.C. began a pilot project allowing drug users to carry small amounts of illicit drugs, including fentanyl and cocaine, for their own use.
But since then, communities have rallied against increased public drug use, while nurses have reported having to deal with patient drug use and trafficking in hospital rooms and bathrooms, forcing Victoria General Hospital to install smoke detectors.
The province has now requested a sweeping amendment to the federal exemption it received for the three-year pilot project, which started in January 2023.
Premier David Eby said Friday in Vancouver that he has received assurances from Prime Minister Justin Trudeau that the federal government will help ensure police can enforce a ban on illicit drug use in any public spaces, including parks, transit, hospitals, restaurants and beaches.
Under the proposed changes, police would be able to compel a drug user to leave the area, seize the drugs when necessary or arrest the person, if required.
The changes will not affect drug possession in a private residence or place where someone is legally sheltering, health-care sites with outpatient addictions services, or at overdose-prevention sites and drug-checking locations.
People can still call 911 when someone overdoses in their home without fear of criminal charges.
Police will be expected to only arrest people for simple possession in “exceptional circumstances.”
Decriminalization was intended to reduce the stigma and fear drug users or others might have in calling for help in an overdose situation. But Eby said he shares the public’s expectation of safety in public spaces such as coffee shops, on the bus, in the park, on the beach and where small business owners are trying to earn a living.
“While we are caring and compassionate for those struggling with addiction, we do not accept street disorder that makes communities feel unsafe,” said Eby.
The premier said he was recently informed by B.C.’s attorney general that the province’s attempt to ban consumption in public places such as parks and beaches could be tied up by court challenge from the Harm Reduction Nurses Association for more than a year.
That news, combined with the “quickly escalating situation on the ground” of illicit drug use in hospitals and restaurants, triggered the request for a blanket prohibition through the federal government, which is more likely to withstand any court challenges, Eby said.
BC United Leader Kevin Falcon has said he would scrap decriminalization and that the NDP government’s approach to “normalizing” drug use harms communities and kids.
“Over the past 15 months, it has become painfully clear that this policy has neither saved lives nor reduced drug overdoses, but has instead spread harm and disorder in communities across British Columbia,” Falcon and Mental Health and Addictions critic Elenore Sturko said in a joint statement.
Nanaimo Mayor Leonard Krog said he is “extremely pleased” the province has listened to the public outcry over open drug use.
The former NDP MLA said while the province had the “best of intentions” in pursuing decriminalization — under pressure from the provincial health officer and retiring coroner — it’s no surprise it didn’t work practically or politically.
“People know that the substances that many were using in our streets were addictive, potentially deadly, and created scenes of disorder in our streets that was absolutely unacceptable to the vast majority of people.”
Victoria Mayor Marianne Alto said she supports the province continuing its decriminalization experiment so it can be properly evaluated at the end of three years, but was glad to hear of the ban on drug use in public places.
Alto said the changes will be beneficial for downtown, since police can move people along from public places like Centennial Square, Government Street or Bastion Square.
“The reality is people are uncomfortable in certain circumstances watching other people use drugs when the use of that drug creates unpredictable behaviour, and that is what people are often very fearful of.”
The province says it will also take action across B.C. to prohibit illicit drug possession, use and purchase in hospitals.
The rules will be made explicit to all patients and visitors in outpatient clinics, emergency departments and during admission, it said.
Patients will not be searched for drugs, but if they tell staff they have illicit drugs, they will be stored until they are discharged and the patient will have their withdrawal symptoms medically managed as prescribed by an addictions team, it said, adding existing overdose-prevention sites at hospitals will continue.
Health Minister Adrian Dix says the government is taking immediate action to ensure policies are consistent and strictly enforced through additional security, public communication and staff supports.
“The action plan launching today will improve how patients with addictions are supported while they need hospital care, while preventing others from being exposed to the secondhand effects of illicit drug use.”
Those not complying with the rules will be addressed by hospital security and through an escalation process, which could include discharge with support from the hospital or police, according to the province.
At the same time, there will be expanded access to in-person and virtual addiction specialists in hospitals, opioid agonist medications, and treatment and recovery supports for patients with substance or opioid-use illnesses.
B.C. Nurses Union president Adriane Gear said she’s encouraged by the clear direction and expectations but “implementation is everything.” “This rests with health authorities and that’s where I don’t have the same level of confidence,” said Gear.
The Harm Reduction Nurses Association said it’s “profoundly frustrated” the province chose to do an “end-run” around a court decision that stopped a similar provincial ban on drug consumption in public places from coming into force.
“This pushes people who use drugs out of sight, to covert and isolated use,” says the association’s Corey Ranger. “We don’t want people to die hidden in alleyways.”
Mental Health and Addictions Minister Jennifer Whiteside, who met with her federal counterpart, Ya’ara Saks, on Friday in B.C., said in a statement that addiction is a health-care issue, not a criminal one.
“And we’re going to keep doing everything we can to save lives and connect people to treatment,” she said in a statement.
A statement from Saks's office said Health Canada will review British Columbia’s request and make a decision guided by the dual objectives of public health and public safety.
"We have been and we remain ready to support B.C. as they continue their work in their fight against the toxic drug and overdose crisis across the province," the statement said.
Last year, 2,511 people died of toxic drug poisonings, almost seven a day.
