A Vancouver-based legal advocacy group has launched a court challenge to a Campbell River bylaw prohibiting consumption of drugs on municipal property.
The petition from Pivot Legal Society was filed in B.C. Supreme Court registry in Campbell River on Feb. 10, two weeks after city council voted to take the bylaw amendment to third reading.
Under the bylaw, anyone consuming drugs on roads or in city facilities, parks and other public spaces could be fined $200.
The move by Campbell River council came as a three-year provincial pilot project was launched where drug users are allowed to carry up to 2.5 grams of drugs such as heroin, fentanyl, cocaine and methamphetamine for personal use. The goal of the project is to help staunch the growing number of illicit drug deaths in the province by reducing stigma that can prevent users from seeking help.
Pivot is asking the court to declare that Campbell River’s amended bylaw is “ultra vires” or outside the powers of the municipality, and unreasonable and invalid under the Local Government Act and the Community Charter.
It’s seeking an order quashing the bylaw and an interim injunction prohibiting the city from enforcing it.
The City of Campbell River has not yet responded to the case.
Pivot Legal Society is a non-profit organization that works with legal issues surrounding poverty, drug policy and homelessness.
In its petition filed in court, it said it advocates for evidence-based, public health-focused drug policy that aims to reduce the stigma for those using drugs. It argues that imposing penalties on drug users is largely responsible for the harms linked to drug use, such as criminal activity, barriers to health services, violence and the toxic drug supply.
At its Jan. 26 meeting, Campbell River council voted against receiving a Jan. 25 letter from Dr. Charmaine Enns, the North Island medical health officer, asking council to postpone adopting its bylaw changes for six months, the court document said.
A councillor who opposed the drug-consumption ban noted during the meeting that the city had not consulted Enns or any other medical professional when developing the bylaw.
Enns’ letter said that it’s important to consult the local medical health officer when making health decisions, Pivot said.
She warned of adverse health impacts if the bylaw was adopted, saying enforcement can drive people to use drugs alone and can elevate the risk of death.
Public health regulations and the Public Health Act requires that the medical health officer consult with local governments on public health issues, the organization said.
cjwilson@timescolonist.com
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