(LifeSiteNews) – In light of the federal government relaxed stance on hard drug use in British Columbia, the province’s Supreme Court ruled that preventing drug users from going near playgrounds would violate their constitutional right and cause “irreparable harm.”
The NDP provincial government was considering amendments to a federal government hard drug use allowance pilot that allowed hard drugs to be consumed in small quantities by banning hard drug use near areas where kids gather, such as playgrounds.
NDP British Columbia Premier David Eby had said of his government’s amendment in May 2023 that “nobody wants this activity affecting our kids, and we will do something.”
Many municipalities had complained that parks and playgrounds should be off-limits to drug users and stay protected, per the Controlled Drugs and Substances Act.
The government’s amendment was encoded after a bill was passed last November that directed police to ensure illegal drugs in playgrounds were not allowed, and those doing so should be told to leave or face arrest if they did not comply.
The province’s playground amendment was put in place on September 18, 2023, which in effect barred hard drug use near playgrounds. It should be noted that the original decriminalization law included an exception banning drug use near “childcare facility premises.”
However, the province’s Supreme Court responded with an injunction that struck down this amendment in December 2023. The court’s injunction to the province’s law, which banned hard drug use near playgrounds, ruled that this amendment was a violation of the Charter of Rights and Freedoms.
According to provincial Supreme Court Chief Justice Christopher Hinkson, banning hard drug use in areas where kids congregate would cause “harm” to drug users.
Hinkson even admitted that playgrounds would be exposed to having bio-hazardous drug paraphernalia but claimed that these issues take a back seat to the province’s drug overdose problems.
“I … accept that the attendant public safety risks are particularly concerning given that many of the restricted areas and places in the Act are frequented by seniors, people with disabilities, and families with young children,” Hinkson wrote in his ruling.
Ruling ‘outrageous,’ says Conservative MP
Conservative MP Kerry-Lynne Findlay for South Surrey-White Rock, British Columbia, blasted the court’s ruling.
“Crime, chaos, drugs and disorder. An outrageous decision by the BC Supreme Court that only advances Trudeau’s radical agenda and puts our children at risk,” Findlay posted December 30 on X (formerly Twitter).
“Instead of normalizing open drug use, Conservatives will bring home safe communities & ensure our loved ones suffering from addiction are treated with compassion and on a path to recovery.”
The court injunction stemmed from the Harm Reduction Nurses Association arguing in court that restricting hard drug use near playgrounds would result in “lone drug use” that would lead to more overdoses.
“It is apparent that public consumption and consuming drugs in the company of others is oftentimes the safest, healthiest, and/or only available option for an individual,” Hinkson ruled.
Provincial government lawyers argued in court that the Harm Reduction Nurses Association was trying to use “anecdotal evidence, unsubstantiated conclusory statements” by claiming its amendment would cause harm.
Hinkson disagreed. “Given the evidence before me, I find that there is a high degree of probability that at least some of the harm set out by the plaintiff will in fact occur,” he said.
He also said the provincial amendment would violate one’s “right to life, liberty and security of the person” guaranteed by section 7 of the Charter of Rights and Freedoms.
“I am satisfied that the suspension of the Act … can be properly characterized as a substantial public benefit,” he ruled.
His injunction will stay in place until March 31, 2024.
Deaths from drug overdoses in Canada have gone through the roof, notably after the Trudeau government relaxed the nation’s hard drug rules in British Columbia on a trial basis.
Trudeau’s federal policy put in place in May 2022 in effect decriminalized hard drugs, including heroin, cocaine, fentanyl, meth and MDMA on a trial-run basis in British Columbia. While the policy was approved in 2022, it did not come into effect until February 2023.
Under the policy, the federal government began allowing people within the province to possess up to 2.5 grams of hard drugs without criminal penalty, but selling drugs remained a crime.
The policy has been widely criticized, especially after it was found that the province broke three different drug-related overdose records in the first month the new law was in effect.
Despite the policy, deaths from drug overdoses in Canada continue to skyrocket. The most recent statistics from 2021 show that they went up 33%.