B.C. municipalities push for clarity around drug decriminalization

Three months into British Columbia being the first province in Canada to decriminalize possession of small amounts of certain hard drugs, municipalities across the province are trying to bring different forms of regulation — and hoping for more clarity from higher levels of government. 

"I appreciate the move, but we also need to refine the move," said New Westminster Mayor Patrick Johnstone.

His municipality is lobbying for Health Canada to add "public park spaces designed for and used by children and youth" as an exemption from the new rules governing drug use in the province. 

"We're concerned that if a city brings in a bylaw, we might be opening to a challenge of that law as it is a federal regulation. And do we have a bylaw authority to change a federal regulation effectively?"

New Westminster's lobbying resolution will be debated at the Lower Mainland Local Government Association meeting this week in Harrison Hot Springs, with the hope of it being supported by other communities.  

Kamloops tweaks its bylaws

The discussion will take place days after Kamloops — B.C.'s fourth largest municipality outside the Lower Mainland — asked staff to modify its new bylaw around where drug use is allowed, after concerns that the original ban on all public spaces could be too onerous and run afoul of Interior Health. 

"This does move it into a nuisance category, which will really relieve the pressure on the public health authority to weigh in on these spaces," said Coun. Katie Neustaeter, who put forward the changes so it would only apply to sidewalks and within 100 metres of city parks and playgrounds.

In addition, council voted to lobby the province and Interior Health to focus more on prevention, treatment, and enforcement issues around drug use — three of the "four pillars" drug-use strategy commonly used in B.C.

"I truly believe that with all partners at the table, we can begin to see these tides turn," said Neustaeter. "Harm reduction is a good thing, but it will not be successful if it stands alone."

The vote passed with only Coun. Dale Bass in opposition, who said it would create unrealistic expectations.

"We can't actually enforce this kind of bylaw," she said. 

"We've got to stop doing these things that we can't enforce, because the public is going to expect us to enforce them, and that's not fair for them either."

Government says changes requires their approval

Prince George, Campbell River and Sicamous are among the other B.C. municipalities attempting to put in regulations around decriminalization, and Mental Health and Addictions Minister Jennifer Whiteside says she supports communities putting in local solutions that fit their needs.

"Municipalities are looking at what their needs are ... part of the challenge with that again is that different types of public space are defined differently by different communities," she said to reporters on Wednesday. 

At the same time, she said any bylaws that have a public health impact require approval from the Ministry of Health and consultation with the local health officer.

Whiteside also repeatedly brought up why the province had encouraged decriminalization in the first place. 

"The exemption [to Health Canada rules] came at the request of chiefs of police, of municipalities, and of public health physicians, as a tool to ensure that we can work towards taking the stigma and fear away from people," she said. 

"We need to do everything that we can to save lives. And that is ... the perspective that public health brings to the table in their discussions with municipalities."