Question Period Notes
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• The overdose crisis is one of the most significant public health challenges Canada has faced in decades. This crisis has led to increased calls from various stakeholders, including chiefs of police, medical officers of health, health organizations, and municipalities, to advocate for decriminalizing the personal possession of small amounts of controlled substances as a component of a comprehensive response to this issue. In May 2022, in response to a request of the province of British Columbia (B.C.) and as one part of the province’s comprehensive response to addressing the crisis, the former federal Minister of Mental Health and Addictions and Associate Minister of Health, Dr. Carolyn Bennett, granted a three-year exemption under the Controlled Drugs and Substances Act (CDSA). This exemption ensures that adults 18 years of age and older in the province will not face criminal charges for personal possession of small amounts of certain illegal drugs, with a few exceptions applying to certain locations including schools, child care facilities, and in motor vehicles. This means that between January 31, 2023 and January 31, 2026, adults in B.C. found in possession of up to a cumulative 2.5 grams of certain illegal drugs for personal use, will not be arrested or charged with possession, or have their drugs seized. Instead, individuals will be provided with information on available services and, if requested, support in connecting with services.Based on feedback from key partners, including law enforcement, BC requested to prohibit possession at additional locations: playgrounds, splash pads, wading pools, skateparks. This amendment was granted in September 2023. BC also tabled legislation in October 2023 to regulate the use of drugs listed in the exemption in certain public spaces including those added to the exemption as well as broader locations including parks, beaches, and bus stops. This legislation is currently the subject of a court case in front of the BC Supreme Court.
• On April 26, 2024 the province of British Columbia submitted a second amendment request to expand the exceptions in the exemption to include all public spaces.
• On May 7, the federal government granted BC’s request to prohibit possession of controlled substances in public spaces. Exemptions will continue to apply in private residences, healthcare clinics as designated by the province of BC, places where people are lawfully sheltering, and overdose prevention and drug checking sites.
• A request for the personal possession of small amounts of illegal drugs from Toronto Public Health is under review.
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