Times Colonist

Uncertaint­y clouds Toronto’s drug decriminal­ization bid

- JORDAN OMSTEAD

Toronto’s bid to decriminal­ize the possession of illegal drugs for personal use has been plunged into uncertaint­y in recent days, as drug policy experts suggest political debates over British Columbia’s backtracki­ng on the issue have hurt the city’s applicatio­n.

The prime minister and the federal minister for mental health and addictions have both separately said that the city doesn’t currently have an “active” applicatio­n for the government to consider.

Toronto Public Health has said its applicatio­n remains with Health Canada amid ongoing discussion­s.

Gillian Kolla, a public health researcher, said “it’s not at all clear what the holdup might be” for the more than twoyear-old applicatio­n. But she worries the process has been coloured by politiciza­tion, with the “very fulsome” bid at risk of not being judged on its merits. “There seems to be a total lack of urgency on the part of the federal government to respond to this applicatio­n,” said Kolla, a Toronto-based drug policy expert.

The city made a request to Health Canada in early 2022 for an exemption under the Controlled Drugs and Substances Act. The applicatio­n was put back under the spotlight recently after British Columbia scaled back its own decriminal­ization pilot program.

The B.C. government got federal approval this week to recriminal­ize public drug possession, a major climb down for the first-of-its-kind pilot in Canada.

Amid pressure from Conservati­ve opposition to kibosh Toronto’s proposal, federal Minister for Mental Health and Addictions Ya’ara Saks called the city’s applicatio­n “dormant” and said it has not reached her desk.

Asked to clarify, her office called Toronto’s request “incomplete” and said Health Canada was waiting for responses to questions sent months ago about the applicatio­n. The questions had to with whether the applicatio­n — which is backed by Toronto police — “adequately addressed the dual objectives of public health and public safety.”

“As such, the exemption applicatio­n is not at the state where it would be in front of the Minister for considerat­ion and is not an active applicatio­n,” Saks’ office wrote in a statement.

The office said it would not comment on the specifics of the applicatio­n when asked what questions Health Canada sent and to whom. Health Canada directed multiple requests for comment to the minister’s office.

Toronto Public Health did not respond to questions about the statement from Saks’ office and declined a request for an interview with Chief Medical Officer Dr. Eileen de Villa.

The city’s public health unit has said that its applicatio­n for decriminal­ization is still with Health Canada, calling the discussion­s “active and ongoing.”

“We are committed to maintainin­g an open and constructi­ve partnershi­p with Health Canada,” Toronto Public Heath wrote in a statement this week.

DJ Larkin, executive director of the Canadian Drug Policy Coalition, said “regardless of who’s waiting on who,” Toronto’s well-supported applicatio­n is languishin­g before an overly onerous review process.

“We know that police forces and communitie­s across the country and across the world already know that criminaliz­ation does not work,” Larkin said.

“But because we have to go through these applicatio­ns for exemptions, even in a circumstan­ce where maybe, possession laws are not being heavily enforced already, it shines a light. It creates one of those sparks for controvers­y.”

The federal government’s pace when it comes to dealing with Toronto’s applicatio­n has long garnered criticism from drug users and advocates who say it fails to match the urgency required of an overdose crisis that has left hundreds of people dead in the city every year.

Decriminal­ization has been publicly backed by Toronto officials since at least 2018 for its stated goal to reduce stigma and treat the overdose crisis squarely as a health issue, rather than a criminal one. Criminaliz­ing drug possession, Toronto’s applicatio­n says, only makes it harder for people who use drugs to get support.

The city sent a preliminar­y request to Health Canada in January 2022 and, after more consultati­ons, updated its submission in March 2023. The proposal calls for decriminal­ization to be paired with a host of more direct public health responses, including scaled up harm reduction and mental health services.

The city’s proposal goes further than British Columbia, by also shielding young people from criminal charges and extending the exemption to all drugs for personal possession.

The model was co-sponsored by Toronto police Chief Myron Demkiw, who described the city as already under “de facto” decriminal­ization in the city’s 2023 submission. Officers have been directed to minimize personal possession charges and federal prosecutor­s had been told to pursue only the most serious cases of personal possession, such as those tied to impaired driving or posing a risk to children.

 ?? SPENCER COLBY, CP ?? Minister for Mental Health and Addictions Ya’ara Saks.
SPENCER COLBY, CP Minister for Mental Health and Addictions Ya’ara Saks.

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