December 29, 2023 | VICTORIA, BC
by Mary P Brooke | Island Social Trends
It took more than seven months of sustained criticism and pressure from BC United caucus, municipalities, and the public to get David Eby and the NDP to walk back sanctioning the open use of crystal meth, crack cocaine, and fentanyl in parks, playgrounds, beaches, and other public areas,” said BC United Leader Kevin Falcon in a statement today.
“Now their rush to do damage control with poorly drafted legislation after widespread public backlash has left them open to today’s court injunction,” said Falcon.
This is giving Falcon and the BC United a possible edge as the 2024 election year begins to ramp up. But it’s a complex issue that will take some explaining to the public.
Pausing the legislation:
The BC Supreme Court has ruled that the Restricting Public Consumption of Illegal Substances Act cannot be implemented until March 31, 2024. The ruling stated the legislation would likely result in more deaths, displacement and criminalization of people who use drugs (PWUD).
So it may appear to the public that BC United is ‘glad’ that drug users can still be using near parks, which defeats the original point of their opposition to the government on protecting the public from exposure to use of drugs in parks, playgrounds, beaches and public spaces.
The court said in their ruling released today December 29, 2023: “Centrally, but not exclusively, the act will promote more lone drug use … particularly dangerous due to an absence or a diminished degree of support in the event of an overdose. When people are isolated and out of sight, they are at a much higher risk of dying. This proposed law would threaten the lives, health, and safety, and Charter rights of our clients, many of whom live in communities that lack safe, indoor locations where drug use is permitted.”
However, it’s not clear if the open use of drugs in parks and other public spaces was thereby considered to be safer for the users while being detrimental to children and families using public spaces.
Slow on the uptake:
In the Legislative Assembly earlier this year, the BC NDP side of the house did seem tone deaf as to the impact of drug use on children, families and the general public in public spaces due to visual if not physical exposure to drug users and drug materials.
The Premier — with a background in law and a much retold story of how he saw the impact of the legal system on people with few lifestyle options — seemed to have maintained tunnel vision on the rights of people arrested for possession of small amounts of drugs to the detriment of the broader community use of public spaces. It seemed like an odd non-recognition of obvious community harms, especially for a premier and government that has made a mantra of ‘putting people first’.
Arguably, this is a good example of politics at work by elected MLAs working for the people. The BC United are the official opposition in the BC Legislative Assembly. The party’s former name is BC Liberals. Their pressure to keep drug users out of parks, playgrounds and other public areas made the difference here.
Restricting Public Consumption of Illegal Substances Act:
The Restricting Public Consumption of Illegal Substances Act was passed by the BC provincial legislature in November 2023, allowing fines and imprisonment for people who refuse to comply with police orders not to consume drugs within six meters (20 feet) of all building entrances and bus stops; within 15 meters (49 feet) of a playground, park, spray or wading pool, sports field, or other area of community recreation.
In a statement following the ruling (as reported by CBC), BC Public Safety Minister Mike Farnworth said the law was meant to protect families, children and “vulnerable community members,” while also claiming to help substance users.
“While we respect the decision of the court, we are concerned that this decision temporarily prevents the province from regulating where hard drugs are used,” Farnworth said in a statement today.
“We’re determined to keep doing everything we can to save lives in the face of the toxic drug crisis … while recognizing that hard drugs should not be used in public places frequented by children and families, as well as vulnerable community members.”
Election year analysis:
No doubt as 2024 unfolds toward the October 19, 2024 provincial election, this issue over how the BC government responded to a challenge of drug use in public spaces will be a key campaign story told by the BC United in their favour.
Meanwhile, Eby doesn’t seem to be too worried about the BC United while returning a strong NDP slate of MLAs to the legislature in the fall 2024 election.
In fact he possibly now sees the larger competitive force as being the BC Conservatives (with a following from the ‘common sense’ faction of the electorate led by John Rustad) more than BC United, with Falcon considered to be instinctively old-school in his approach to politics.
Full BC United statement about BC Supreme Court granting temporary injunction
This is the full statement by BC United Leader Kevin Falcon on December 29, 2023 following the BC Supreme Court granting a temporary injunction which suspends the Restricting Public Consumption of Illegal Substances Act:
“BC United Leader Kevin Falcon released the following statement today regarding the BC Supreme Court granting a temporary injunction, which suspends the Restricting Public Consumption of Illegal Substances Act from coming into force until March 31, 2024.
“If David Eby and the NDP had not rushed through their reckless scheme to decriminalize drugs without guardrails or proper treatment and recovery options in place, we would not be in this chaotic mess that we’re in today.
“It took more than seven months of sustained criticism and pressure from BC United, municipalities, and the public to get David Eby and the NDP to walk back their ideological decision to sanction the open use of crystal meth, crack cocaine, and fentanyl in parks, playgrounds, beaches, and other public areas. Now their rush to do damage control with poorly drafted legislation after widespread public backlash has left them open to today’s court injunction.
“The NDP’s introduction of the Restricting Public Consumption of Illegal Substances Act was an admission by David Eby that his reckless decriminalization policy was flawed from the start. Their legislation fell woefully short and is now subject to a temporary injunction.
“As this legislation is now further scrutinized following today’s temporary injunction, it will still be illegal in most communities to enjoy a glass of wine at a picnic in the park while unchecked consumption of potentially lethal drugs such as crystal meth, crack cocaine, and fentanyl in that same park remains the reality under this NDP government.”
===== RELATED:
Municipalities should be able to ban drugs from parks & playgrounds says BC United (April 19, 2023)