Vancouver plan to decriminalize street drugs sets up battle with Ottawa

Vancouver has set the stage for a showdown with Canada’s federal government by moving to become the first city in the country to decriminalize street drugs – setting itself on a collision course with Justin Trudeau, who has so far declined to pursue the option.

The city’s council voted unanimously last week to ask the federal government in Ottawa for an exemption to the country’s criminal code, which, if granted, would remove the threat of criminal sanctions for possessing small amounts of street drugs for personal use within a city.

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The move is widely seen by drug policy experts as a linchpin in any serious effort to slow the deaths from Canada’s overdose crisis, which has so far killed 1,386 in people British Columbia this year, and more than 16,300 nationally since 2016.

One of the main arguments for legalisation is that it would reduce the black market trade in drugs and move the problem of drug addiction away from police and the criminal justice system and towards health professionals.

While news of the vote was greeted locally with fanfare, Canada’s prime minister has repeatedly downplayed decriminalization as part of the path forward on the overdose crisis.

In September, Trudeau said his government prefers to focus on creating a safe supply of pharmaceutical alternatives to illicit drugs, “without having to take the step of decriminalization”.

But as overdose deaths continue to climb this year, calls to take that step have grown louder – including from British Columbia’s top doctor and Canada’s chiefs of police.

In August, the Public Prosecution Service of Canada directed federal lawyers to avoid prosecuting cases of simple drug possession unless there is a major public safety concern, effectively decriminalizing drugs in practice, if not in law.

British Columbia’s premier, John Horgan, has also called for decriminalization, but refused to pursue it alone at the provincial level, saying instead that national leadership is needed to get it done.

Despite Ottawa’s reluctance, Vancouver’s official request for an exemption puts the federal government “in check”, said Guy Felicella, a peer clinical adviser with the BC Centre on Substance Use.

The exemption, called a Section 56, is the same one granted in 2003 that allowed North America’s first supervised drug injection site, known as InSite, to operate in Vancouver. But it was granted only after a lengthy legal battle and an order from Canada’s supreme court.

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If Ottawa denies Vancouver’s request, the stage is set for a repeat of the InSite battle, this time armed with a precedent from the country’s highest court, Felicella said.

“It’s a game of chess they’re playing,” Felicella said, “This could be the most monumental thing since InSite, and it’s your move now, Ottawa.”

Karen Ward, a longtime drug user advocate and policy adviser with the City of Vancouver, said the news that decriminalization might be coming to the city has been met by the city’s drug users with as many questions as it has celebration.

“People are asking ‘How are they gonna do that? Is this more bullshit?’” Ward said, but acknowledged even she is hopeful.

In a statement celebrating Vancouver city council’s unanimous decision, Mayor Kennedy Stewart said: “Vancouver has once again decided to lead the way on drug policy in order to save lives.”

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Outside Canada’s borders a sea change appears to be under way. During last month’s US election, Oregon voted overwhelmingly to decriminalize street drug possession. In the UK, the National Police Chiefs’ Council has called for an expansion of the country’s existing heroin prescription regime.

Experts say that the science behind harm reduction and decriminalization is settled. The issue now, Ward says, is that progressive governments across Canada, including the BC and federal governments, are jockeying to avoid being the one to take the first step, fearing political backlash from conservatives for doing so.

But that fear is misplaced, Ward said. “They think it’s still 20 years ago. But look what just happened in Oregon. I mean, even if you’re the most craven politician around and you want to win the next election, guess what? Campaign on drugs, and you’re going to win.”