O.P.P officers guard 55 kilograms of cocaine during a press conference in Barrie, Ont., on Wednesday, April 3, 2019. Federal prosecutors are being instructed to criminally prosecute only the most serious drug possession offences and to find alternatives outside the criminal justice system for the rest. THE CANADIAN PRESS/Nathan Denette

O.P.P officers guard 55 kilograms of cocaine during a press conference in Barrie, Ont., on Wednesday, April 3, 2019. Federal prosecutors are being instructed to criminally prosecute only the most serious drug possession offences and to find alternatives outside the criminal justice system for the rest. THE CANADIAN PRESS/Nathan Denette

Liberals move toward changing federal drug policy as opioid deaths spike

Feds launched a national consultation on supervised-consumption sites this week

The Liberal government is taking steps toward promised changes to federal drug policy, while looking at how to reduce opioid-related deaths during the pandemic.

The federal government launched a national consultation on supervised-consumption sites this week, saying they would be seeking comments from a variety of Canadians, including those who operate the sites — and those who use them.

“The evidence shows us that supervised-consumption sites and services save lives and can provide people who use drugs with access to health and social services and treatment,” federal Health Minister Patty Hajdu said in a statement Thursday.

“As we see the COVID-19 outbreak worsening the situation for Canadians struggling with substance use disorders, it is more important than ever to ensure support is available. The feedback we are gathering from communities across Canada will help us to better understand how we can continue to help Canadians and save lives.”

The federal government also announced Thursday it was committing $582,000 in funding for a new Toronto project to offer a safe supply of opioids to reduce overdose deaths during the COVID-19 pandemic.

Health Canada also granted a federal exemption to a Toronto health-care centre to operate an overdose-prevention site at a COVID-19 isolation shelter until late September.

Separately, federal prosecutors are now being instructed to criminally prosecute only the most serious drug possession offences and to find alternatives outside the criminal justice system for the rest.

That directive is contained in a new guideline issued by the director of public prosecutions, Kathleen Roussel, who is independent from the federal Justice Department.

“The approach set out in this guideline directs prosecutors to focus upon the most serious cases raising public safety concerns for prosecution and to otherwise pursue suitable alternative measures and diversion from the criminal justice system for simple possession cases,” the guideline states.

READ MORE: Federal prosecutors receive new guidelines against prosecuting minor drug offences

In all instances, the guideline says alternatives to prosecution should be considered if the possession offence involves a person enrolled in a drug treatment court program or an addiction treatment program supervised by a health professional.

The same applies in cases that involve a violation of bail conditions and can be addressed adequately by a judicial referral hearing, as well as cases where the offender’s conduct can be dealt with by an approved alternative measure, including Indigenous and non-Indigenous restorative justice responses.

The guideline says criminal prosecution for possession of a controlled substance “should generally be reserved for the most serious manifestations of the offence.” It says cases would be considered serious if a person caught in possession of an illegal drug was engaged in conduct that could endanger the health or safety of others.

The guideline specifies six types of conduct that would generally warrant criminal prosecution:

— Conduct that poses a risk to the safety or well-being of children or youth, such as being in possession of an illicit drug in the vicinity of places frequented by youths or being a person in a position of trust or statutory authority with respect to children.

— Conduct that puts the health or safety of others at risk, such as driving or preparing to drive while impaired, supervising another person driving, operating machinery, possessing a weapon or performing an activity that poses a risk to public health or safety.

— Conduct that “poses a heightened risk” to a community’s efforts to combat illegal substance use, an issue that often arises in isolated and remote communities.

— Conduct where there’s “a factually grounded basis to associate it” with another drug offence, including cultivation, production, harvesting, trafficking or importation of a controlled substance.

— Conduct in breach of rules in “a regulated setting” such as jail or prison.

— Conduct committed by a peace officer or public officer that is relevant to the discharge of their duties.

— The purpose of the guideline is to articulate “a principled prosecutorial litigation approach to the well-documented realities about the health impact of substance use while acknowledging that certain drug use may present particular public safety concerns.”

That seems consistent with the federal Liberal government’s approach to illegal drugs as being more a public health issue than a criminal one.

In their first mandate, the Liberals legalized the recreational use of cannabis. However, Prime Minister Justin Trudeau rejected calls to decriminalize possession of other harder drugs, despite a resolution passed at the last Liberal convention calling for such an approach.

Instead, the Liberal platform in last fall’s election promised to make drug treatment court the default option for first-time non-violent offenders charged exclusively with simple possession. It also promised to help drug users get quick access to treatment.

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Drugsopioids

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Nanaimo Airport. (News Bulletin file photo)
Nanaimo Airport coping with low passenger counts, uncertain recovery

Airport CEO Dave Devana says it will take years to return to pre-pandemic passenger levels

Sophia Seward-Good and Aunalee Boyd-Good of Nanaimo’s Ay Lelum – The Good House of Design are showcasing their latest collection Yuxwule’ Sul’sul’tun – Eagle Spindle Whorl at Indigenous Fashion Week Toronto. (Photo courtesy Helena Lines)
Nanaimo’s Ay Lelum makes Indigenous Fashion Week Toronto debut

Clothing design company showing new collection, Yuxwule’ Sul’sul’tun – Eagle Spindle Whorl

Police in Nanaimo hope the public can help find Shawn Miller. (Photo submitted)
Nanaimo RCMP ask for help finding man missing since last week

Shawn Miller, 52, hasn’t been seen since Friday following days of erratic behaviour, say police

Beef to Halloween, a celebration of death, weapons, blood and murder. Halloween is a mockery of death and our beloved deceased. Why do we celebrate it?
Beefs & Bouquets, Nov. 25

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail editor@nanaimobulletin.com

The City of Nanaimo is working on the 2021-25 financial plan, with a series of special finance and audit meetings this week and next week. (News Bulletin file photo)
City of Nanaimo begins budgeting with 3.3% tax increase as a starting point

Special finance and audit meeting being held today, Nov. 25

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at Okanagan campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

Picture of two swans leaving the Cowichan estuary moments before one was shot out of the sky. (Submitted photo)
Petition to stop hunting in Cowichan estuary after swan shot

Hunters blame shooting on illegal poachers

A Nanaimo driver was sentenced Monday for fatally striking a high school student with his vehicle in 2019. (News Bulletin file photo)
Nanaimo driver sentenced after motor vehicle incident that killed teen last year

Brandon Geoffrey Murdoch fined and prohibited from driving for two years

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

Most Read