Group suing to decriminalize possession of illicit drugs

A group representing drug users has filed a lawsuit against the federal government in B.C. Supreme Court seeking to decriminalize the possession of illicit drugs, arguing criminalization during the overdose crisis violates charter rights.

The statement of claim, filed Tuesday by the Canadian Association of People Who Use Drugs and four individual plaintiffs, says drug dependence is well recognized as a medical condition, but criminalization means the toxic illicit market is the only source of most drugs.

It says the illicit drug supply has become increasingly contaminated with the powerful opioid fentanyl and related substances since 2016, fuelling the drug poisoning and overdose crisis that kills thousands of Canadians every year.

The lawsuit argues criminalization has also created a high degree of stigma, leading many people to use drugs alone and in secret, heightening the risk of overdose. A statement of defence has not been filed in the court’s online search system.

The lawsuit challenges drug possession offences in the Controlled Drugs and Substances Act, asserting that they breach charter rights to life, liberty and security of the person, equality rights and the right not to be subjected to cruel and unusual treatment. The civil claim, among other things, asks the court to strike down all drug possession offences, as well as certain drug trafficking offences related to subsistence.