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Dawson Creek RCMP warn drug dealers of criminal liability for overdose deaths

Click to play video: 'Drug dealers could face charges in overdose deaths: RCMP'
Drug dealers could face charges in overdose deaths: RCMP
WATCH: Dawson Creek RCMP are warning drug dealers could be held criminally responsible for overdose deaths. John Hua looks at where else in the country this is being done, and whether it can work in B.C – Jun 2, 2016

The Dawson Creek RCMP are warning anyone involved in the sale of illegal drugs that they could be held criminally responsible for overdose deaths.

The detachment says there has been an increase in drug overdoses, which may have been attributed to fentanyl, a potentially lethal narcotic that has been the cause of many health warnings in B.C. in recent months.

In April, B.C. declared a public health emergency after a significant increase in drug overdoses. But so far, the declaration of a public health emergency doesn’t appear to have slowed the number of overdose deaths, but Health Minister Terry Lake says fentanyl appears to be playing an increasingly central role.

READ MORE: Drug overdoses up, despite B.C. emergency call

Updated numbers released in May show the deadly opioid was linked to nearly half of the more than 250 overdose deaths tallied for the first four months of this year.

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That’s compared to about a third of the 480 overdose fatalities for all of last year.

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Fentanyl is a synthetic opiate narcotic, a prescription drug used primarily for cancer patients in severe pain. It is 50 to 100 times more toxic than morphine.

READ MORE: Fentanyl 101: The facts and dangers

Over the course of last year, Dawson Creek RCMP say they have responded to 19 drug overdose calls, the majority of which were attributed to fentanyl.

Ten of these incidents occurred since February and one of them was fatal.

Dawson Creek RCMP call it a significant and concerning increase for police and other first responders who attend these investigations. Eight victims of the recent overdoses were saved by emergency personnel.

Now, the detachment is also warning those who deal the powerful drug of possible criminal consequences.

Vancouver lawyer Paul Doroshenko says there’s no doubt that a dealer can be prosecuted for the death of a user, even if the drug is less likely to pose a risk of fatality. He says there are decisions from the Supreme Court of Canada upholding convictions for manslaughter when the deceased died from cocaine.

“The Dawson Creek RCMP say that their resources are stretched to the limit dealing with these overdose cases and I expect that they want to send the message to the dealers out there to discourage the drug trade particularly with fentanyl,” he says.

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FULL COVERAGE: Fentanyl in Canada

Depending on the circumstances and the evidence that the police obtain, says Doroshenko, dealers could be charged with criminal negligence causing death or manslaughter for the illegal act of selling the drugs which one could reasonably foresee or expect will cause the death of the user.

He says the issue for the police is obtaining evidence that can prove, beyond a reasonable doubt, that a certain individual sold the drugs.

In small communities this evidence can be secured with greater certainty. Doroshenko says they have seen manslaughter charges arise out of overdose deaths on a reserve in Alberta.

Doroshenko says proving it can still be difficult with unreliable witnesses, such as users. Still, text messages, wire taps and old-fashioned policing can bring everything together to make the case for investigators.

~With files from The Canadian Press

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