Needles are seen on the ground in Oppenheimer park in Vancouver's downtown eastside on March 17, 2020.JONATHAN HAYWARD/The Canadian Press
B.C. municipalities are waiting for help promised by the provincial government to address residents’ concerns about public drug use in the wake of the province’s move in January to decriminalize possession of small amounts of certain illicit drugs.
Several municipalities are proposing bylaws to restrict public drug use, driven by concerns that parks and beaches will become busier with children, families and tourists as summer approaches. In response, some have proposed bylaws to restrict where drugs can be consumed, but health officials say this could lead to an increase in overdose risk.
Premier David Eby has promised to do “something” to address concerns from the municipalities, telling the legislature he will ensure they have the “tools” necessary to tackle these issues. But at least one city council has been told by health officials that bylaws to restrict drug use infringe on public-health measures and a legal advocacy group said such bylaws are outside of the city’s jurisdiction.
Jen Ford, president of the Union of B.C. Municipalities, said this has left municipalities worried they will be tied up with legal challenges when trying to control where drugs can be consumed.
“When parks and playgrounds are open for public drug consumption, that’s concerning for us, especially as the summer comes.”
Two weeks ago the Premier pledged to consult municipalities about open drug use. Ms. Ford said those discussions have yet to begin.
The proposed bylaws come as a reaction to the introduction in January of B.C.’s three-year pilot project, which decriminalizes the possession of personal amounts of illicit drugs connected with overdoses, such as opioids, cocaine, methamphetamine and MDMA. The province said the move was made to reduce stigma and barriers that may prevent people from accessing life-saving supports.
The decriminalization law does not apply to drug possession in certain locations such as schools, child-care facilities and airports.
Prince George, Kamloops, Sicamous and Campbell River are among municipalities attempting to put regulations on hard drug use in other public spaces.
Campbell River passed bylaws restricting public drug use earlier this year, but rescinded them following advice from health officials and a legal threat from Pivot Legal Society. The society said the municipality did not consult health officials and that the bylaws were out of their jurisdiction.
A city must not adopt a public-health bylaw of any kind without consulting its municipal health officer or regional health board, according to Pivot Legal Society. In addition, it said local governments cannot legislate public-health bylaws without provincial approval.
However, last month, the council in Campbell River again proposed a bylaw, this time more narrowly targeted to restricting drug use in locations where children frequent, such as playgrounds and parks.
Elle Brovold, city manager of Campbell River, said the municipality is proposing the bylaw because of concerns about increasing levels of disorder caused by public drug use. She said these incidents deter people from using parks and other public spaces for leisure activities.
“For example, we hear stories of parents no longer feeling comfortable bringing their children to our local library.”
In an April letter to Campbell River council about the most recent proposed bylaw, Dr. Charmaine Enns, medical health officer with Island Health, recommended that Campbell River not proceed with the bylaw amendment and instead gather, review and consider the available evidence before moving forward.
“For those who live unhoused, and are challenged with substance use, pushing them further away from public spaces, which is often the only space they have, the likelihood of dying from a toxic drug overdose is significantly increased,” she wrote.
The letter said that evidence indicates drug use does not increase with decriminalization.
“It is especially concerning that a key rationale for the proposed bylaw appears to be the discomfort of people in shared public places, while generally discounting the distress of and demonstrated harm suffered by those who use substances,” wrote Dr. Enns.
Ms. Ford said being tied up in court is timely and costly, and local governments need to focus efforts on the residents’ safety while getting people who use drugs the help they need.
“We would like the province to step in and help us, not only on the enforcement side or in the exemption side, but also in getting the mental health and support needed to help people find safe spaces.”
In the legislature last month, Mr. Eby responded to demands by Opposition politicians that the province address open drug use in public places.
“I am happy to commit to the members on the other side, to all the members of this House, to British Columbians, to parents of kids, that our government will work with local government partners to make sure that those protections are in place. Nobody wants this activity affecting our kids, and we will do something.”
The Ministry of Health declined to make anyone available to speak to the issue on the record.
Ms. Ford said municipalities are looking forward to working with the province.
“We’ve heard from the province that they’re keen to work with us. Municipalities are ready to do that.”