Pivot Legal Society out of Vancouver is taking the City of Campbell River害羞草研究所檚 bylaw banning public drug consumption to court saying it is out of the city害羞草研究所檚 jurisdiction to do so.

A petition to the Supreme Court of B.C was filed Friday, Feb. 10 asking for a declaration that Campbell River害羞草研究所檚 Bylaw No. 3884 (the Public Nuisance Amendment Bylaw) and Bylaw No. 3885 (the Ticketing for Bylaw Offences Amendment Bylaw) are ultra vires or invalid and are 害羞草研究所渦nreasonable, contrary to the provisions of the Local Government Act and Community Charter and are invalid.害羞草研究所�

The petition also seeks an order quashing the bylaws, an interim injunction restraining the city from enforcing the bylaws, an order for the costs of the proceeding and 害羞草研究所渟uch further and other relief as this Honourable Court deems just.害羞草研究所�

The bylaws were adopted Jan. 26 in anticipation of Health Canada害羞草研究所檚 Jan. 31 exemption issued to the Province of British Columbia at the province害羞草研究所檚 request that removes criminal sanctions for adults in B.C. who possess certain illicit substances up to a total of 2.5 grams for their own use.

The city issued the two bylaws 害羞草研究所渇or the protection and enhancement of the well-being of the community by prohibiting the consumption of controlled substances at any city facility, highway park or public space害羞草研究所� and includes a penalty of up to $200 in fines.

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The society is being represented by Campbell River lawyer Sarah Runyon who said the society is seeking a declaration that the bylaws are out of the city害羞草研究所檚 jurisdiction. Local governments can害羞草研究所檛 legislate public health bylaws without provincial government approval, Runyon said.

害羞草研究所淚t害羞草研究所檚 in direct violation,害羞草研究所� Runyon said.

The city also has a legal obligation to consult with public health about health-related bylaws, Runyon said.

The petition cites the city害羞草研究所檚 adoption of the bylaws on at its Jan. 26, 2023, regular meeting and at which time it voted against receiving a letter from Dr. Charmaine Enns, the North Island Medical Health Officer, requesting city council postpone adoption of the bylaws for six months. Dr. Enns said in the letter that council should consult the local medical health officer when making public health decisions.

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For the past few years, Campbell River, like many communities in the province, has been wrestling with the problem of unruly behaviour and homelessness in its downtown associated with mental health and addiction.

City councillors have been frustrated by the inability to implement measures that have a meaningful impact on a situation that is technically a provincial responsibility.

Pivot Legal Society works in partnership with communities affected by poverty and social exclusion to identify priorities and develop solutions to complex human rights issues, according the Supreme Court petition. Pivot害羞草研究所檚 work is focused in four policy areas, including drug policy and homelessness. Pivot is based in Vancouver, B.C.

Pivot害羞草研究所檚 Housing campaign is aimed at ending the criminalization of people experiencing homelessness by challenging 害羞草研究所渄iscriminatory laws and law enforcement practices that violate human rights, perpetuate stigma and prevent unsheltered and precariously housed people from taking steps to save their own lives,害羞草研究所� the petition says.

editor@campbellrivermirror.com
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