Lawyers who represent Vancouver-based advocates, the Drug User Liberation Front (DULF) and Vancouver Area Network of Drug Users (VANDU), appeared in court Thursday.
DULF operated an illegal compassion club, which not only tested illicit drugs for community members but also sold tested cocaine, heroin and methamphetamine, a few years ago.
In 2021, the groups asked Health Canada for an exemption from Canada’s Controlled Drugs and Substances Act. In 2022 Health Canada rejected the ask.
Lawyers appeared in federal court, arguing that Health Canada’s 2022 rejection of the group’s attempts to administer a legally sanctioned compassion club was “unreasonable and likely to have caused harm and death to those at risk of overdose in Vancouver.”
DULF argues that its services saved lives as street drugs can often contain lethal doses of fentanyl and carfentanil, among other additives.
The groups are arguing their compassion club should be exempt, so they can “acquire, test, handle and distribute” a regulated “pharmaceutical” supply of cocaine, heroin and methamphetamine to the club’s members.
In 2023, more than 2,500 people died in B.C. due to toxic, unregulated drugs.
Thursday’s court appearance was the group’s opportunity to present its administrative legal challenge to the 2022 Health Canada ruling.
A VANDU organizer was in attendance for Thursday’s court appearance. Vince Tao said the first day went according to plan.
“I’m feeling quite confident. We have a very strong case of what is obvious here,” Tao said. “Health Canada did not take the care to actually look at the evidence we provided in our initial exemption request. Our lawyers are doing an incredible job.”
Former member of the DULF Compassion Club, Howard Calpas, said the decision made by Health Canada has led to several deaths in the community.
“Health Canada’s rejection of our Section 56 exemption was nonsense,” Calpas said. “I was so disappointed. People are dying (and) I hate the fact that every week I find out another person I know has passed away. Drugs aren’t the problem — tainted drugs are the problem.”
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Back in November 2023, Vancouver police raided a DULF compassion club, which had been operating illegally. Two DULF organizers were arrested in the raid.
In a Sept 2023 interview with Global News, Jeremy Kalickum — one of the two organizers arrested in the VPD raid — said the group was forced to run their compassion club illegally after Health Canada’s decision. Eris Nyx was the other organizer who was arrested.
Organizers then took matters into their own hands to save lives amid hundreds of monthly B.C. deaths from toxic drugs, Kalickum said.
“We needed a compassion club. We needed somewhere for people to come who use drugs to get what they need in known potencies, quantities and quality and not be exploited financially, not be put at risk of violence and to not overdose,” Kalickum said. “We’ve been forced into that position. We’re under no presumption that buying off the black market is a good thing.”
DULF said in the period between Health Canada’s decision (August 2022) and January 2023, more than 3,500 people died due to toxic drugs.
A rally was held at the Vancouver Art Gallery in support of the advocates and their federal court appearance on Thursday as well.
Dozens of supporters gathered at the steps of the popular rally spot.
— With files from Simon Little, Elizabeth McSheffrey
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