Canada has chance to change course on drug decriminalization

Between January 2016 and March 2020, more than 16,000 people in Canada died as a result of a toxic drug supply. Each individual had goals and dreams, and friends and family. Each was a preventable death, officially listed as “overdose.” But in the terrible, tragic case of Canada’s relentless overdose crisis, we know that our loved ones actually succumbed to a deadly combination of stigma and criminalization. Knowing this, and doing nothing—or being too afraid to act according to the available evidence—should weigh heavily on our political leaders. Stigma kills, and stigma against people who use drugs is, perhaps, most glaringly evident in laws that make it a crime to possess criminalized substances. That stigma, coupled with the ongoing prohibition on personal drug possession, means people who use drugs are less likely to access the essential health and social services they need to stay alive and seek out connection and other supports. Indigenous, Black, and other racialized communities often bear the brunt, as they are grossly overrepresented in overdose deaths, in drug arrests, and among people incarcerated for drug offences. The harms of stigma and criminalization also follow people for the rest of their lives, with criminal records limiting work and housing opportunities, affecting child custody, and restricting movement. Once branded as a person who uses drugs, individuals face discrimination and exclusion, are more likely to use drugs alone, and are at far greater risk of overdosing. Despite the overwhelming evidence and support for decriminalization, Canada has been painfully slow to act. Most politicians, many of whom understand the necessary steps to stem the tide of death, remain too fearful of acting. It would seem that the fear of political repercussions supersedes the real-world horror of this public health crisis. But the possibility of change is on the horizon. Last week, Bill C-236 —an Act to amend the Controlled Drugs and Substances Act—was debated in Parliament. The private member’s bill sponsored by Liberal MP Nathaniel Erskine-Smith acknowledges that criminal sanctions for personal drug possession fuel stigma, and the need to treat problematic substance use as a health and social issue. It also recognizes the need for interventions founded on best practices that protect the health, dignity, and human rights of people who use drugs. So, before charging them, the bill requires officers who encounter people in possession of drugs for personal use to consider taking no further action, warning the individual, or referring them (with their consent) to “a program, agency or other service provider in the community that may assist .” Earlier this year, the Public Prosecution Service of Canada issued guidelines to federal prosecutors conceding that criminal sanctions have “limited effectiveness” and that criminal prosecution for personal possession should “generally be reserved for the most serious .” The guidelines outline circumstances that might warrant alternatives to prosecution, including when possession relates to a substance-use disorder, or when conduct can be addressed through an Indigenous restorative justice response. And just last month, Vancouver City Council unanimously adopted a motion to request a federal exemption from the health minister that could decriminalize drug possession throughout the city. If the exemption is granted, Vancouver would be the first Canadian city to effectively decriminalize. Other jurisdictions can and should follow suit. These positive developments reflect a long-overdue shift from the failed “War on Drugs.” But as overdose deaths continue to surge, are incremental and localized steps enough, or do they largely maintain the lethal status quo? If most policymakers acknowledge drug use as a health issue, why should police, prosecutors and judges continue to arrest, prosecute and punish people for using drugs? As the COVID-19 pandemic has taught us, far fewer deaths can compel politicians to radically transform society. The catastrophic loss of life to the overdose crisis demands no less. While decriminalization is not a “silver bullet,” it is one critical action that can immediately alleviate the pervasive threat of police and the criminal legal system in the lives of people who use drugs. To meaningfully alleviate that threat, policymakers must not resort to other sanctions or coercive measures such as fines, administrative penalties, or involuntary treatment. Nor should decriminalization happen piecemeal, so the harms of criminalization persist. After years of deadly neglect, decriminalization—full stop—is the least that politicians can do. Sandra Ka Hon Chu is the director of research and advocacy at the HIV Legal Network. Janet Butler-McPhee is the director of communications and advocacy at the HIV Legal Network. The Hill Times

Canada has chance to change course on drug decriminalization

A recent private member's bill acknowledges that criminal sanctions for personal drug possession fuel stigma, and the need to treat problematic substance use as a health and social issue.

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Canada has chance to change course on drug decriminalization

A recent private member's bill acknowledges that criminal sanctions for personal drug possession fuel stigma, and the need to treat problematic substance use as a health and social issue.

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