Why We Need To Decriminalize Drugs In Canada
Let's talk about drug criminalization
Canada's drug laws (like most institutions in Canada) are rooted in racism, colonialism, and classism – seriously, google it…
Drug prohibition started in the early 1900's in Vancouver with the Opium Act (the foundation of present-day drug laws), enacted in response to anti-Asian riots in Vancouver and used to criminalize and target Chinese immigrants.
Today, drugs that are deemed illegal are included in the Controlled Drugs and Substances Act and have criminal penalties attached to possession, purchasing, and sale.
The stated "goals" of drug prohibition are to reduce substance use and restrict the supply of currently illegal drugs — which rest on the flawed idea that drugs themselves cause addiction.
Photo by freestocks on Unsplash
In reality, substance abuse and addiction is often the combined result of multiple intersecting reasons, like lack of access to housing, intergenerational trauma, being a part of the child "welfare" system, racism, colonialism and so many other social determinants of health.
Yet how have we "addressed" this systemically generated issue? Individual punishment.
It's important to understand that when we imagine drugs, rather than systemic issues as the problem, and prohibit them as a response, we actually creates a wide range of PREVENTABLE harms to both the individual and society at large.
Why is criminalization so bad?
Just some of the PREVENTABLE harms of drug criminalization to both the individual and society:
Widespread stigmatization of people who use drugs (PWUD) - which can create barriers to accessing health, harm reduction, social services, and housing - all of which heightens overdose risk and negative health outcomes
Harms associated with criminal legal system interactions include having a criminal record & being ordered to pay fines -all of which perpetuate cycles of poverty for PWUD
Driving an unregulated market with unknown toxicity - which is driving the ongoing drug overdose crisis
Facilitating the over-policing and structural violence against marginalized communities, specifically Black and Indigenous Peoples
It's extremely expensive - drug criminalization cost over $9.2 billion dollars in 2017, $$$ that could have been spent on housing, healthcare, mental health supports etc.
Decriminalization of personal possession
Decriminalization involves removing criminal penalties when being caught in possession of illegal substances for personal use. It's an evidence-informed practice used by many places in the world to reduce the harms of drug criminalization - notably in Portugal, as well as in Czechia, the Netherlands, and Switzerland.
Objectives of decriminalizing drug possession
Decriminalization in Canada:
Despite knowing how harmful criminalization is, there is a lack of willingness to decriminalize at the federal level in Canada. This means the responsibility falls on to municipalities and provinces/territories.
The City of Toronto has recently announced intentions to also apply for decriminalization.
On Tuesday, May 31st, The City of Vancouver and the Province of BC became the first jurisdictions in Canada to be allowed to decriminalize the possession of small amounts of drugs for personal use.
But here's the thing: while we can give some kudus to Vancouver and BC for pursuing decriminalization - their decriminalization models are expected to provide inadequate protection to those most vulnerable to criminalization & not meet its key objectives. Let's talk about that…
Decriminalization in British Columbia:
The Province of BC originally proposed a decriminalization model with a threshold of 4.5 grams constitutes as personal possession (AKA someone could carry up to 4.5 grams of substances without criminal penalty).
Public health experts warned (& research showed) that to truly, effectively meet the key objectives of decriminalization (reduce policing, stigma, and contact with criminal justice system), the threshold should actually be 15 grams.
Despite ALL of this, the federal government is approve decriminalization for the Province of BC with a threshold of only 2.5 grams.
This will be completely inadequate and will fail to offer protection to most PWUD—not to mention that it doesn't address the continued potential for racial discrimination in drug policing. So is this a good first step? Yes. Will it actually address the problem? Only if you are privileged – so no.
So why can decriminalization models be problematic?
To be clear, decriminalization is a really good thing! But it needs to be done right (aka evidence informed) & in tandem with offering safe supply (safe pharmaceutical alternatives to the toxic street supply).
The decriminalization model can limit its effectiveness:
The way that personal possession is defined fails to consider those most often targeted by police and most vulnerable to the harms of criminalization - it will be ineffective at reducing contact with the criminal legal system & reducing seizures.
A threshold of 2.5 grams only really protects the privileged, like the frat bros from getting charged with cocaine possession, but it does nothing to protect those who are living in rural & remote communities that have to buy substances in bulk or those who are unhoused and don't have a place to store their belongings.
Decriminalization is being positioned as a solution to the overdose crisis - but it's not:
The illegal drug supply is increasingly poisonous with high levels of harmful substances. This crisis has been RAGING since before 2016 and it BARELY makes the news. What the fuck, Canada? Decriminalization does nothing to address the root cause of the overdose crisis, which is the toxic drug supply. We need to offer people who use drugs a regulated safe supply of pharmaceutical alternatives to the unregulated toxic supply in order to save people's lives — because while decriminalization is important, it has to be paired with safe supply.
“Over 5,500 apparent opioid toxicity deaths occurred in 2021. That’s approximately 20 deaths per day.”
Take Action!
Call on your municipality and province/territory for safe supply and decriminalization.
The Ontario provincial election is TODAY - this is the perfect time to vote for a party that is looking to safe lives and offer real solutions to the toxic drug supply! Voting progressively gives us more of a chance to advocate for this.
Get educated and start supporting and uplifting the voices of people who use drugs.
The Crackdown Podcast is created by drug user activists about the war on drugs - you can listen on Apple podcasts & Spotify. Follow and support activists like @guyfelicellapublic @candrugpolicy @momsstoptheharm @harm.reduction.saves.lives
Source: Crackdown Podcast; Controlled Drugs and Substances Act ; Shane, 2020; Henry, 2019; Jensen et al., 2004; DeBeck et al., 2017; City of Vancouver, 2021; Ministry of Mental Health and Addictions, 2021; McAdam, 2022; PIVOT Legal Society & VANDU, 2021; CTV News, 2022
