The British Columbia Supreme Court has issued a temporary injunction preventing new provincial laws against public consumption of illegal substances from coming into effect until March 31. This injunction was granted in response to a ruling in favor of the Harm Reduction Nurses Association, which is pending a constitutional challenge. The judge stated that “irreparable harm will be caused” if the laws are allowed to come into force.
In reaction to the ruling, Public Safety Minister Mike Farnworth expressed concern, stating that the government’s aim was to prevent “the use of drugs in places that are frequented by children and families.” The legislature had passed the Restricting Public Consumption of Illegal Substances Act in November, which would allow fines and imprisonment for individuals who refuse to comply with police orders not to consume drugs in certain public places.
The nurses association argued that the act would violate the Canadian Charter if enforced. However, Chief Justice Christopher Hinkson said in his ruling that it was unnecessary to consider those arguments, as the “balance of convenience” and the risk of irreparable harm favored the plaintiff. The decision is significant as it temporarily prevents the province from regulating where hard drugs are used, which Farnworth highlighted as something every other province does daily.