DECRIMINALIZATION

by the Opioid Poisoning Committee

April 8, 2022

View Our Policy Recommendations Here

What does decriminalizing drug use mean?

Decriminalizing the possession and use of drugs means that someone would not be arrested, put in jail, or fined for having a small amount of drugs for their own use. This is NOT the same as legalizing drugs.

Why should I want to decriminalize drug use in Alberta?

First of all, there is no evidence to show that more people will use drugs if we take away the legal consequences for possessing and using them. In fact, arresting people and putting them in jail or fining them is expensive and doesn’t prevent or reduce the number of people being poisoned by the toxic drug supply.

Decriminalization shifts our focus and efforts towards the prevention, treatment, and safer use of drugs. People often avoid reaching out for help due to fear of stigma and going to jail.

Decriminalizing drug possession and use would mean that people who use drugs would not have an added barrier in finding safe housing and employment by having a criminal history.

Decriminalizing the possession and use of drugs is based on a human rights and health focused approach to working with people who use drugs.

This makes more sense to me! How do we introduce decriminalization in Alberta?

  • Decriminalization of personal possession and use of drugs would need to occur at the federal level.

    • This should be done in consultation with practitioners and people who use drugs as well as local and community groups who are working on the front line.

    • The government should look at the models from other locations that have decriminalized drug possession and use.

  • The federal government should release people in prison who are there on personal possession and use charges. Criminal records should be removed for all current and past charges on personal possession and use of drugs.

  • While this is being considered, local jurisdictions should be able to implement decriminalization zones in their city or province. Training would be provided to law enforcement to best implement these practices and help reduce the harms and stigmas associated with criminalization.

March 28, 2022: City of Edmonton Submission on Decriminalization of Drugs

Last week City Council received an internal report on decriminalizing small amounts of illegal drugs by an exemption to the federal Controlled Drugs and Substances Act. The City has been exploring this exemption to follow the foot steps of Toronto, Montreal and Vancouver as a means of reducing the number of drug poisoning deaths.

As part of their request for information, our Opioid Poisoning Committee submitted these policy recommendations.  

March 14, 2022: Drug Decriminalization, Legal Regulation and Policy Reform
View Recording Here

Speaker:
Caitlin Shane is a staff lawyer at Pivot Legal Society, a human rights legal organization based in the Downtown Eastside of Vancouver. As the lead of Pivot’s drug policy campaign, Caitlin advocates for the decriminalization of people who use drugs and the legal regulation of all controlled substances.

Description:
Overdose deaths have reached devastating heights in provinces across the country. While Canada has committed to prioritizing public health over criminal justice in its approach to substance use, drug laws continue to play a central role in fuelling a crisis of stigma, incarceration, and a toxic drug supply. As governments contemplate the need for policy reform, decriminalization and legal regulation (or “safe supply”) are frequently posed as possible solutions. What are these policies capable of—or not?

This presentation provides an overview of relevant federal, provincial, and municipal laws as they relate to Canadian drug policy. In particular, viewers will learn about the legal and practical distinctions between decriminalization and legal regulation, as well as the roles governments can play to achieve these reforms. In addition, there will be discussion about current efforts in the Province of BC and the cities of Vancouver and Toronto to decriminalize drug possession through the federal exemption process.