In a press conference May 31, federal Minister of Mental Health and Addictions Carolyn Bennett said the federal government was granting the province’s request for an exemption under s. 56(1) the Controlled Drugs and Substances Act (CDSA), with adults 18 years of age and older no longer facing criminal charges for the possession of up to two and a half grams of drugs such as heroin, fentanyl and cocaine as of Jan. 31 next year.
Bennett said the decision to grant the exemption was not taken lightly.
Minister of Mental Health and Addictions Carolyn Bennett
Any drugs found by the authorities will not be confiscated, and police will offer information on available health and social supports and will help with referrals when requested. Methamphetamine and MDMA, also known as ecstasy, are also subject to the exemption, which will run until January 2026 in British Columbia.
But Bennett emphasized the government’s move did not amount to legalization. It will still be illegal to use the drugs in and surrounding schools and childcare facilities, or while operating a motor vehicle or watercraft, and trafficking still remains a crime, she noted.
“For far too long this wave of loss has been the reality in British Columbia and across the country,” she said. “But the toxic, illicit drug supply has exacerbated the already heartbreaking loss of life.”
B.C.’s Minister of Mental Health and Addictions Sheila Malcolmson said the exemption is a “major step in changing how we view addiction and drug use in British Columbia.”
“It reflects our government’s position that substance abuse is a public health issue and not a criminal one,” she said. “Shame and fear keep people from accessing the care that they need and the fear of being criminalized have led many people to hide and use drugs alone. And using them alone can mean dying alone.”
But the government’s move was not met with universal support. Alberta Premier Jason Kenney said many cities across Canada have existed in a de facto state of drug decriminalization for many years and the de-policing of areas in major cities like Vancouver has led to significant increases in crime, drug use and death. He said Ottawa should instead focus its efforts on catching drugs at the border.
“Alberta’s government will never allow our communities to become sanctuaries for cartels and drug traffickers. This action will likely result in a dramatic increase in drug use, violence, trafficking and addiction — something that health systems are already overburdened with,” he said. “Our government supports dealing with addiction as a health-care issue while keeping our communities safe. We should never have to choose between the two.”
And NDP mental health and harm reduction critic Gord Johns said the federal Liberals’ approach to the overdose crisis has been piecemeal and incremental, and without a national approach people across the country will face barriers to accessing support and remain at greater risk of harm. Johns has introduced a bill in the House of Commons that would decriminalize personal possession across Canada.
“We’ve seen a dramatic increase in drug-related hospitalizations and deaths over the past two years — not just in British Columbia but across Canada. While Canadians have been dying, the Liberals have dragged their feet, letting these preventable deaths happen,” he said. “It is hard to understand why the Liberal government seems unwilling to support our legislation that is intended to save lives so that more and more families aren’t forced to bury their loved ones.”
More information about the exemption can be found here.
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