B.C. government files appeal to overturn court decision about public drug use ban

The province is appealing the B.C. Supreme Court’s decision to block the introduction of a ban on most public drug use.

B.C.’s Attorney General  Niki Sharma issued a statement Wednesday night regarding the appeal.

0:39 B.C. government files appeal to overturn court decision about public drug use ban

“After reviewing the court’s decision … we are determined to keep doing everything we can to fight the toxic drug crisis and treat addiction as a health matter rather than a criminal one while recognizing that drugs should not be used in a range of public places frequented by children and families. It is our view that the Act addresses this,” Sharma said.

Harm reduction advocates, the Harm Reduction Nurses Association, have challenged the ban in court, arguing it would push people to use substances alone and increase fatalities. B.C.’s Supreme Court shared the same concerns and ordered a temporary injunction until March 31 while it reviews the case.

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Chief Justice Christopher Hinkson said the “balance of convenience” and the risk of irreparable harm weighed in the harm reduction advocates’ favour.

“I accept that lone drug use may be particularly dangerous due to an absence or a diminished degree of support in the event of an overdose,” Hinkson’s ruling says. “When people are isolated and out of sight, they are at a much higher risk of dying from an unreversed overdose.”

Public Safety Minister Mike Farnworth said in a statement the government was “concerned” by the ruling against laws meant to prevent “the use of drugs in places that are frequented by children and families.”

“(This) decision temporarily prevents the province from regulating where hard drugs are used, something every other province does, every day,” he said.

The Restricting Public Consumption of Illegal Substances Act was passed by the legislature in November, allowing fines and imprisonment for people who refuse to comply with police orders not to consume drugs in certain public places.

More than 2,500 people died from unregulated, toxic drugs in B.C. last year, with fentanyl continuing to be a major driver.

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— With files from Canadian Press