In 2021, the Vancouver-based Drug User Liberation Front approached Health Canada with a proposal.
It wanted permission to buy heroin, cocaine and methamphetamine on the dark web, before having the drugs tested for contaminants and selling them to users through its 害羞草研究所渃ompassion club and fulfilment centre.害羞草研究所�
Health Canada rejected the application for exemption from drug laws, saying DULF害羞草研究所檚 plan presented too many public health and safety risks 害羞草研究所� but the group went ahead with it anyway, saying it would save lives.
The unsanctioned operation would trigger a political firestorm, arrests and constitutional challenges.
Lawyers for DULF are now waiting to hear if a judge will agree that Health Canada violated drug users害羞草研究所� Charter rights when it refused to grant the exemption, while DULF prepares a second Charter challenge as part of its defence of its two co-founders, Eris Nyx and Jeremy Kalicum, who were arrested and charged with possession for the purpose of trafficking.
The court cases keep British Columbia on the cutting edge of the legal landscape around drug use and understanding of Canadians害羞草研究所� constitutional rights, more than a decade after a landmark Supreme Court of Canada decision that kept Vancouver害羞草研究所檚 Insite safe injection site open.
But one expert says that while the 2011 Insite decision set some key precedents, applying that decision to the DULF case is not necessarily straightforward.
Margot Young, a professor at the Allard School of Law at the University of British Columbia, said it害羞草研究所檚 difficult to know how the Insite decision will affect the DULF cases, particularly since Insite did not address selling of drugs.
She said the Insite ruling is often seen as site-specific to the work Insite does.
害羞草研究所淭hat害羞草研究所檚 been of some concern with respect to opening other safer injection sites across Canada, although it has happened, and Insite does lead the way for that,害羞草研究所� she said.
害羞草研究所淏ut to say that there害羞草研究所檚 an easy, transference of Insite to this circumstance, I think is probably not right.害羞草研究所�
The DULF cases come amid a growing push in B.C. for new approaches to a drug toxicity crisis that has killed more than 14,000 people since the province declared a health emergency eight years ago. Both provincial health officer Dr. Bonnie Henry and former chief coroner Lisa Lapointe have called for alternatives to street drugs to be made available without a prescription.
A report from Henry last week cited DULF害羞草研究所檚 compassion club, and academic research on its outcomes.
Young, who focuses on the intersection of social justice and constitutional law, said the DULF cases are among the latest to explore what it means to have the protected right to 害羞草研究所渟ecurity of the person,害羞草研究所� beyond the risk of criminal prosecution.
害羞草研究所淗ow can we say someone has security as a person, if they can害羞草研究所檛 access a safe supply of drugs that they need for the health condition of addiction?害羞草研究所� she said.
In the Insite ruling, the Supreme Court of Canada ordered the federal minister of health to continue exempting Insite, which allows users to inject their own drugs under the observation of trained professionals.
The country害羞草研究所檚 top judges ruled the risk of death for Insite users if the program were to stop 害羞草研究所渋s grossly disproportionate to any benefit that Canada might derive from presenting a uniform stance on the possession of narcotics.害羞草研究所�
Young said courts had repeatedly rejected the moral blame that traditionally attaches to individuals who use drugs.
害羞草研究所淭he (Supreme Court) recognized that addiction is a health issue. It害羞草研究所檚 not an issue of moral culpability, or a wilfulness or individual choice. It害羞草研究所檚 a health issue,害羞草研究所� she said.
害羞草研究所淎nd that means that this larger context is one not of where you害羞草研究所檙e dealing with individuals who have a particular lifestyle, or they害羞草研究所檙e just making bad choices, but you害羞草研究所檙e dealing with individuals who have health issues.害羞草研究所�
PUSHING 害羞草研究所楤ARRIERS害羞草研究所� in B.C.
DULF害羞草研究所檚 work was not conducted in secret. The group described what it was doing on its website, issued press releases and held news conferences.
In a press release issued on Sept. 20 last year, the group said: 害羞草研究所淔or one year the Drug User Liberation Front has operated an illegal heroin, cocaine and methamphetamine compassion club pilot study.害羞草研究所�
It said on its website it had sold three kilograms of the drugs to compassion club members 害羞草研究所渇or up to 80 per cent cheaper than they would (pay) on the street.害羞草研究所�
It said that among 42 participants there had been zero known deaths resulting from the substances provided by the club.
Subsequent peer-reviewed research was published in the International Journal of Drug Policy, with Nyx and Kalicum as co-authors. It said enrolment in the compassion club was associated with a 49 per cent reduced likelihood of non-fatal overdose, and a 63 per cent reduced likelihood of non-fatal overdose involving naloxone administration.
But the announcements by DULF triggered criticism in the B.C. legislature from the Opposition BC United 害羞草研究所� DULF害羞草研究所檚 operations had been funded, at least in part, by government money. Solicitor General Mike Farnworth said the contract granted to DULF was to save lives, not to buy drugs, and when the government found out it had been doing so, the contract was cancelled.
He said the contract was for 害羞草研究所渄rug testing.害羞草研究所�
On Oct. 26, Vancouver police shut it all down.
Officers raided the compassion club and arrested Nyx and Kalicum. The pair would later be charged with multiple counts of possession for the purpose of trafficking.
Tim Dickson, who represents DULF, said its request for a judicial review of the Health Canada decision represents a 害羞草研究所渉ighly practical application of constitutional law害羞草研究所� at a time when the politics around drug use are 害羞草研究所渧ery, very difficult.害羞草研究所�
害羞草研究所淲e have seen a sort of coalescing of views of some political parties, a number of political parties, in clamping down on harm reduction and putting the convenience of the public first, and not prioritizing methods to protect the lives and safety of drug users,害羞草研究所� he said.
害羞草研究所淎nd in that kind of political environment, constitutional rights obviously become far more important, because they set up limits on the policies that can be implemented by the government,害羞草研究所� he said.
He argued in Federal Court in March that the exemption rejection violated the Charter rights of people who use drugs because it impeded their right to life and liberty, and punished people who are addicted.
In an interview, Dickson said the Insite ruling established that it is constitutional to prohibit possession and trafficking of drugs only if there is an exemption process.
He argued that in DULF害羞草研究所檚 case, Health Canada ruled out any possibility of a compassion club without taking a close look at the various interests, including those of people who use drugs.
害羞草研究所淚t can害羞草研究所檛 draw just these such bright lines without actually considering the merits of what is being proposed,害羞草研究所� he said.
害羞草研究所淎nd it definitely has to take into account the constitutional rights issue and it didn害羞草研究所檛 do those things.害羞草研究所�
Dickson said he is also preparing to make a Charter challenge related the criminal charges against Nyx and Kalicum.
Young said a Charter challenge in the criminal case would argue that illicit street drugs are so toxic that putting people at risk of jail for providing uncontaminated drugs would infringe upon the life, liberty and security of drug users.
In a situation where there was no guarantee street drugs were not toxic, 害羞草研究所渢o prevent remedy of that, which is what the compassion club is trying to do, is actually contrary to the stated goals of the (law), which is public health,害羞草研究所� she said.
Both Henry and Lapointe have said B.C. cannot prescribe its way out of the toxic drug crisis, and support consideration of non-prescribed access to drugs including opioids.
Their calls were swiftly rejected by the provincial government. Premier David Eby said last week there was a 害羞草研究所渮ero per cent chance害羞草研究所� the recommendations would be implemented.
But Dickson said B.C. has a history of finding new ways 害羞草研究所渇or reducing the harms of drugs, and there are people willing to push those barriers.害羞草研究所�
He said the province had long been 害羞草研究所済round zero for overdose epidemics害羞草研究所� leading to various court challenges in response.
害羞草研究所�(The) Insite (court challenge) came out of an earlier overdose crisis in the 害羞草研究所�90s and DULF is coming out of this current overdose crisis,害羞草研究所� he said.
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