By Moira Wyton, The Tyee, Local Journalism Initiative Reporter

Vancouver could become the first Canadian city to decriminalize the possession of illicit drugs in an effort to prevent increasing numbers  of overdose deaths.

Motion to decriminalize drugs

Mayor Kennedy Stewart wants  city council to approve a motion to decriminalize drug use and move the  city away from stigmatizing and harming people who use substances.

“It’s time we embraced a health-focused approach to substance use,” Stewart said today. 

Since the provincial overdose crisis was  declared a public health emergency in April 2016, more than 1,500 people  in Vancouver have died, with 328 deaths so far this year.

“2020 is on track to be the worst year yet for overdose deaths, and it’s clear we need to do more,” said the mayor.

An exemption to the Act

If supported, the motion  would direct city staff to write to the federal ministers of health,  public safety and justice as well as the attorney general, and request an exemption to the Controlled Drugs and Substances Act within city limits.

Section 56 of the act grants the minister  of health the power to issue an exemption to any part of the legislation  “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.

7-4 vote

But the motion is far from approved despite  concern shared by all city councillors about the harms of the overdose  crisis. After a heated debate and public hearing over last month, a new  overdose prevention site downtown was approved by a 7-to-4 margin with  all four NPA councillors voting against.

Multiple strategies needed

Expansions to safer drug supply programs, delayed by the election, are expected from the province soon.

But Stewart and Vancouver Coastal Health  chief medical officer Dr. Patricia Daly said the city needs multiple  strategies to reduce stigma and prevent deaths.

“It’s an important step and it reminds us of the need to address this ongoing public health emergency,” said Daly.

Decriminalization means the removal of  criminal penalties for possession of personal amounts of street drugs.  Manufacturing and distributing drugs would remain illegal.

Support for Decriminalization

Support for decriminalization has grown as  the COVID-19 pandemic has exacerbated the ongoing overdose crisis in  B.C. and led to an increasingly toxic street supply of drugs.

Its backers include provincial health  officer Dr. Bonnie Henry and her predecessor Dr. Perry Kendall, who is  now co-directing the BC Centre on Substance Use, their counterparts in  the city of Toronto, Premier John Horgan and the Canadian Association of  Chiefs of Police.

“Vancouver has always been at the forefront  of drug policy,” said Stewart. “And now we can again lead, this time on  decriminalization.”

Oregon recently approved a plan to decriminalize simple possession in the state, but the plan  included possible fines and measures to coerce drug users into  treatment.

Stewart and Daly said they don’t want to see such measures in Vancouver’s model.

“For me a lot of that is a little too  restrictive and I think we can learn from those lessons,” said Daly.  “Our preference is always voluntary treatment.”

Guy Felicella, a peer advisor with the BC  Centre on Substance Use, hopes a Vancouver pilot could pave the way for  decriminalization across the province.

“Who knows, maybe we get the province on board and they start doing it in other communities,” he said.

Vancouver City police

The details of Vancouver’s plan would be  worked out in concert with the Vancouver Coastal Health authority,  people with lived experience and the Vancouver Police Department once  approved, Stewart said.

While the VPD says it already does not arrest people for simple possession, records show that seizures of small quantities continue in large numbers. Drug users and advocacy organizations also say police continue to “harass, bully and target our communities.”

The force has also been resistant to recent pushes from council to reduce its budget, end street checks and decriminalize poverty.

Stewart expects all small drug seizures to  end with decriminalization, since “there would be no real authority for  that seizure to happen.”

“[VPD] Chief Adam Palmer is a national  leader on this issue,” said Stewart, noting that officers would need to  be trained on the new system. “We are, I think, in very good shape to  roll this out quickly and effectively if it is approved by the feds.”

The motion was tabled Tuesday and is expected to be considered by council within the week.

Stewart said he’s optimistic that federal  Health Minister Patty Hajdu will grant the exemption, calling her a  “champion” of harm reduction.

“I’m hoping for good news this year, but I  could see it going into the spring,” said Stewart. “Ideally within a  matter of months we’d like to have this implemented.”