A memorial mural wall by street artist Smokey D

Vancouver asks for an exemption from Canadian drug laws

By Jen St. Denis, The Tyee, Local Journalism Initiative Reporter

Vancouver’s council made history this week by asking the federal government for an exemption from Canadian drug laws to decriminalize possession of drugs for personal use.

Council voted on the motion  the same day the BC Coroners Service reported 1,386 people have died so  far this year of an overdose, with deaths increasing as a result of the COVID-19 pandemic. 

So what happens now?

The day after the vote, Mayor Kennedy  Stewart met with Dr. Patricia Daly, the chief medical health officer for  Vancouver Coastal Health, and Adam Palmer, Vancouver’s police chief. 

In both meetings, the mayor  spoke about “next steps on decriminalization and how we would begin to  gather critical local input into our request for the federal  government,” Alvin Singh, the mayor’s director of communications*, told The Tyee via email.

When the motion was being  discussed Wednesday, people who use or have used drugs told council over  and over again “nothing for us without us,” emphasizing that people who  use drugs need to be part of the conversation.

“This input is critical both now, before we send the official request, and afterwards if we get a positive answer,” Singh said.

Getting Federal approval

Stewart plans to “touch base” with Patty Hajdu, the federal health minister, sometime in the next few days.

But getting federal approval could be a tough sell. In September, Prime Minister Justin Trudeau said he doesn’t support decriminalization as a solution to the overdose crisis. Hajdu took a similar position earlier this year.

The city will ask the ministers of health  and public safety and the attorney general for an exemption to the  Controlled Drugs and Substances Act’s provisions on possession of drugs  for personal use within the city.

Section 56 of the act grants the health  minister the power to issue an exemption from any part of the  legislation “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 in 2003 and,  more recently, to allow health-care providers to prescribe alternatives  to street drugs as a part of safer supply measures.

Pushed for decades

Guy Felicella spent 30 years in the  Downtown Eastside addicted to heroin before entering recovery in 2013.  He’s now a drug policy advocate and a peer clinical advisor for the BC  Centre on Substance Use.

He said decriminalization has “been pushed  for decades, but to actually have some momentum — it’s a powerful moment  in Canadian history.”

For decades, Canadian society has been  moving towards treating drug use as a health issue instead of a criminal  justice issue. But despite that shift, people who use drugs are still  being charged with offences like possession or possession for the  purposes of trafficking — even for relatively small amounts of drugs —  and serving jail time.

Vancouver Police

The Vancouver Police Department says  officers now rarely charge people for possession, and the force’s chief,  Adam Palmer, has publicly supported decriminalization. However, people  who use drugs say police continue to regularly confiscate illicit substances.

Felicella said it all has to stop. As  Vancouver moves forward on getting an exemption, Felicella warned of  “criminalization by another process,” such as fines, alternative charges  like possession for the purposes of trafficking, or drug confiscation.

“Maybe they don’t arrest  people for simple possession 97 per cent of the time, but they sure take  their drugs,” Felicella said. “They’ve been doing this for decades.”

The Vancouver Police Department says it is  not “general practice to seize drugs from people using them,” but  officers must confiscate drugs if they find them during a search for an  investigation.

However, people who use drugs and advocates who work with drug users say police constantly take drugs away from people.

To replace the drugs, people are making  risky choices, like sex work or committing petty crimes like shoplifting  or car break-ins. Criminalizing people also pushes drug use into the  shadows, Felicella said, and with a poisoned drug supply, that’s putting  people’s lives at risk.

“It’s so freaking stressful when you’re  down there and you have cops following you around,” Felicella said.  “It’s just a mental toll, physically, emotionally and mentally.”

An option known as drug court — where  people charged with drug-related crimes can avoid jail time by entering a  drug treatment program — also needs to stop, Felicella said. 

“Having a judge sentence you to go to drug  court is really putting treatment in the [category] of punishment,”  Felicella said. “When that fails, and the treatment fails as well, it  sure doesn’t make you want to go back the second time to try it again.”

In opposing decriminalization, Trudeau has  said it’s not “a silver bullet” and his government is prioritizing other  interventions, like expanding safe supply — prescribing drugs to people  to replace tainted illicit drugs.

Felicella said decriminalization needs to  go hand in hand with more access to safe supply and treatment options  for people who want to stop using drugs.

Currently in B.C., there’s a six- to  eight-week wait to get into a treatment program if you or your family  can’t afford to pay tens of thousands of dollars, Felicella said.

He said his own journey to recovery only  happened after he was diagnosed with attention deficit hyperactivity  disorder, or ADHD, and was able to get therapy to deal with trauma.  Felicella still goes to a therapist regularly, but he said it’s not an  option available to people who can’t pay out of pocket.

Karen Ward, a drug policy advocate who  works with the City of Vancouver, told council that decriminalizing drug  possession could also help break down barriers that still exist with  prescribing safe supply.

“Doctors… are going to feel a little bit  more able to prescribe [safe supply],” Ward said. “There’s hesitation  there, despite all the power they have in society — they’re hesitant to  be associated with drug users.” 

Felicella said safe supply takes people out of the constant grind of having to hustle to find the money to buy illicit drugs.

People still fear police

The relationship between the police and  Downtown Eastside residents is as bad as it’s ever been, said Felicella.  He called on police to “stand down” in the neighbourhood, where many  residents use illicit drugs regularly while also living in poverty and  with chronic health conditions.

“People still feel the same fear of the  police,” he said. “Police show up in the alleys and people are like,  ‘Oh, my God. What’s gonna happen?’”

The VPD says it devotes special resources  to keep people safe in the neighbourhood, connect homeless people with  housing and provide support to sex workers. 

“There continue to be calls for service  from citizens and businesses for police help for violent crime and  property crime,” spokesperson Simi Heer wrote to The Tyee in an email.  “We expect officers to deal with property crime, street disorder and  violence.”

While the department supports decriminalization and chief Palmer wrote a message of support for the mayor’s motion,  Felicella said he is at times confused by the force’s decisions.

“One minute they’re creating a task force to make sure people are safe, and then the next thing they’re harassing people on the street and moving them along. And then the next thing, they wanted to decriminalize drugs,” he said.

“Hopefully, if this passes at a federal level, we can change the direction for many people.”

Top photo credit: A memorial mural wall by street artist Smokey D in honour of Overdose Awareness Day in Vancouver, August 2020.
Photo by Darryl Dyck, the Canadian Press.