Police enforcement of Prince George's drug-use bylaw 'flies in the face' of decriminalization: lawyer

Juls Budau says she got a panicked call from staff at the wellness space she manages at a court-protected encampment in Prince George, B.C., shortly after midnight on Good Friday.

They told her RCMP were searching people at Moccasin Flats and that officers also entered and searched the wellness space operated by Uniting Northern Drug Users (UNDU) without a warrant. 

Police say they confiscated small amounts of drugs during the search on April 7, in accordance with a city bylaw that appears to oppose decriminalization laws recently introduced in British Columbia.

An RCMP spokesperson told CBC News that officers noticed open drug use at Moccasin Flats after they entered the site while looking for a break-and-enter suspect.

Police said the drugs were seized under Prince George's "safe streets" bylaw, which has been mired in controversy since passing in 2021. It forbids open drug use in many public areas.

Budau, a long-time harm-reduction worker, worries the bylaw and RCMP's enforcement of it means decriminalization doesn't apply for unsheltered people in Prince George. 

"Every unhoused person, despite 'decrim,' cannot consume drugs without being criminalized," she said.

Budau is also concerned that police visits to Moccasin Flats will discourage people from using substances in proximity to UNDU's wellness trailer, and drive them to use alone. While the space is not yet designated as an overdose prevention service, its staff are trained to respond to overdoses if they occur, she said. 

"We don't want any of our community members to die, so of course we wouldn't encourage people to go use drugs far away," she said.

Decriminalization pilot

The province decriminalized small amounts of illicit substances for personal use at the end of January. Under the three-year pilot project, any adult who possesses less than 2.5 grams of certain drugs will not be criminally charged.

But criminal defence lawyer Sarah Runyon says the Prince George bylaw undoes the intention of decriminalization.

"A bylaw that prohibits drug use in public spaces flies directly in the face of the rationale for the provincial exemption," she told CBC News.

Runyon, who is affiliated with Pivot Legal Society — a legal advocacy organization that represents and defends the interests of marginalized communities in B.C. — says similar bylaws in other municipalities, like Campbell River, are facing legal challenges.

When asked by CBC News for comment, the City of Prince George said it supports the RCMP's efforts. "[The City] is not involved in their work's operational elements," a statement said.

Jurisdictional issues

The text of the Health Canada exemption from the Controlled Drug and Substances Act leaves room for B.C.'s municipalities to override it with local regulations. 

"Local governments continue to have authority for developing appropriate local bylaws, in consultation with their local Medical Health Officer," reads the provincial fact sheet on the decriminalization initiative.

Runyon argues that municipalities have an obligation to consult with ministries and health authorities about bylaws that concern public health, and that this applies to bylaws that predate decriminalization.

She says the City of Prince George would be in trouble if it faced any legal challenges over the safe streets bylaw. 

"At the end of the day, municipalities cannot pass bylaws that fly in the face of provincial legislation … they're going to find themselves in hot water," the lawyer said.

The city bylaw has drawn criticism from advocates for the unsheltered, the B.C. Assembly of First Nations, academics and the federal housing advocate, who claim it criminalizes homelessness. 

Council passed the bylaw with assurance from the city's bylaw services manager that it would be used as an educational tool for compliance, not a mechanism to hand out fines or punishment.