B.C. is applying to the federal government to decriminalize the possession of small amounts of illicit drugs for personal use, in an effort to reduce and prevent future drug poisoning deaths.
The move announced on Monday will make the province the first in Canada to seek the exemption from Health Canada under the Controlled Drugs and Substances Act. If approved, the allowable threshold would be 4.5 grams and would apply to those 19 and above.
Mental Health and Addictions Minister Sheila Malcolmson said removing criminal penalties for people who use drugs is key to stemming the overdose crisis, which has dramatically worsened since the start of the COVID-19 pandemic.
"Substance use and addictions is a public health issue, it is not a criminal justice issue," she said during a press conference in Victoria on Monday, adding that "shame and fear keeps people from accessing life saving services and treatments."
Malcolmson said the application to Health Canada was a collaborative effort that included health and social services organizations, Indigenous organizations, municipalities, people with lived experience, law enforcement organizations and research groups.
The application will be submitted to Ottawa this week, but it's not known how long it will take for Health Canada to review the file.
Jump in deaths in 2021
Prior to the COVID-19 pandemic, B.C. had seen a decrease in deaths due to toxic drugs. But the pandemic reversed that trend, causing toxic drug poisoning deaths to reach an all-time high.
Figures released in September from the B.C. Coroners Service show there were 1,204 illicit drug toxicity deaths between January and the end of July — a 28 per cent jump over the same period in 2020.
The coroner says the first seven months of this year were the deadliest since a health emergency was declared in 2016, and July was the 17th straight month in which more than 100 B.C. residents died from toxic drug supply.
Chief Coroner Lisa Lapointe said she anticipates opposition to the move, but that years of criminalizing drug users has failed to end the crisis and the province needs to shift to a health-focused approach.
"Criminalizing people using drugs has meant punishing those that are already suffering," she said on Monday.
"The goal of decriminalization is to reduce suffering and death. It is a compassionate and rational response to a health crisis."
In a statement, the B.C. Association of Police Chiefs said while it supports the decriminalization of small amounts of illicit drugs for personal use, it does not support the recommendation to decriminalize 4.5 grams, arguing the amount is too large.
Last month, Toronto said it was also preparing to ask Health Canada for an exemption under the Controlled Drugs and Substances Act to decriminalize the possession of illicit drugs for personal use in the city, following a similar request made by Vancouver in May.