By Moira Wyton, The Tyee, Local Journalism Initiative Reporter

The federal government has agreed to begin discussions about decriminalizing drug possession in Vancouver, Mayor Kennedy Stewart said  today.

Towards a health focused approach

“This is another hopeful  and critical milestone on the path towards fully embracing a  health-focused approach to substance use in the City of Vancouver,” said  Stewart in a news release.

City council backed decriminalization in  November, and on Dec. 7 the city wrote to federal Health Minister Patty  Hajdu asking for an exemption from possession prohibitions in the  Controlled Drugs and Substances Act.

Stewart hopes Vancouver’s decriminalization  model would prioritize health interventions for substance use and end  arrests and seizures when people have small amounts of drugs for  personal use.

Towards decriminalizing drug possession

In a Monday letter to Stewart and Vancouver Coastal Health chief medical officer Dr. Patricia Daly, Hajdu agreed to discussions.

“Health Canada officials  will work with officials from the City of Vancouver and Vancouver  Coastal Health to better understand the framework you are proposing,”  Hajdu wrote. “I am committed to our continued work to identify options  that respond to the local needs of the City of Vancouver.”

At least 367 people died of toxic drug  overdoses in Vancouver between January and November 2020 in what is on  track to be the deadliest year on record for overdoses in B.C.

“This news comes at a time when the  overdose crisis in our city has never been worse, with a person a day  still needlessly dying due to poisoned drugs,” said Stewart.

Decriminalization would remove criminal  penalties for possession of illicit drugs for personal use.  Manufacturing and distributing drugs would remain illegal.

Experts in substance use and public health,  including provincial health officer Dr. Bonnie Henry, her predecessor  Dr. Perry Kendall and their federal counterpart Dr. Theresa Tam, agree  on a public health approach to drug use and have called for  decriminalization as a means of curbing skyrocketing overdose  fatalities.

Section 56

Section 56 of the act grants the health  minister to issue an exemption to any part of the legislation, including  provisions making drug possession illegal, “if, in the opinion of the  Minister, the exemption is necessary for a medical or scientific purpose  or is otherwise in the public interest.”

It is the same mechanism the city used to  establish North America’s first supervised injection site, Insite, in  2003, and more recently to allow health-care providers to prescribe  alternatives to street drugs as a part of safer supply measures.

Hajdu also wrote that this is an  opportunity to address racism and discrimination in the legal system as  it relates to substance use.

Indigenous peoples

Indigenous peoples in B.C. are more likely  to die of an overdose and across Canada are incarcerated at a rate  nearly six times higher than non-Indigenous adults.

“We must explore policy measures that  reduce harm to racialized communities, and explore alternatives to  criminal penalties that can begin to address the systemic inequities  these communities face,” said Hajdu.

Voluntary treatment model

Stewart said in November he hopes  Vancouver’s model will be based on voluntary treatment and expanded  support rather than relying on fines and mandatory treatment, as  Oregon’s recently approved model does.

“While 2020 looks to be the deadliest year  on record for overdoses, I am hopeful that this news from Ottawa can  mean that 2021 will be different,” Stewart said in the news release.

Top photo credit: Decriminalization means people with drugs for personal use would not have to fear arrest or seizure of their supplies. Photo by Jesse Winter.