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B.C. addictions minister will respond to decriminalization court challenge

Coalition of non-profit groups filed challenge in June to B.C. dialling back policy
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Paramedic Specialist David Hilder from B.C. Ambulance tries to speak to a drug overdose victim in downtown Vancouver, June 23, 2021. CanadaB次元官网网址檚 Federal Court says B.C.B次元官网网址檚 Minister of Mental Health and Addictions should be added to a court challenge of the provinceB次元官网网址檚 move to dial-back drug decriminalization. THE CANADIAN PRESS/Jonathan Hayward

CanadaB次元官网网址檚 Federal Court has agreed with British ColumbiaB次元官网网址檚 minister of mental health and addictions that she should be a respondent to a court challenge against the provinceB次元官网网址檚 decision to dial back its drug decriminalization policy.

The court says in a ruling issued this week that Addictions Minister Jennifer Whiteside should be added to the challenge originally filed in June by a coalition of non-profit groups including the Vancouver Area Network of Drug Users.

The groups are seeking a judicial review, saying the decision to recriminalize possession of small amounts of illicit drugs for personal use violates drug usersB次元官网网址 Charter rights and B次元官网网址渕aterially increasesB次元官网网址 their risk of death.

The changes sought by B.C. and granted by the federal addictions minister in May narrowed where people are allowed to possess drugs, namely in designated health-care clinics, private homes and where unhoused people are legally sheltering.

The advocacy groups opposed adding Whiteside to the case, but the court rejected their argument, saying it was she who formally requested the changes.

The ruling says the new exemption is B次元官网网址渋ntegralB次元官网网址 to B.C.B次元官网网址檚 response to the toxic drug crisis.

B次元官网网址淚t follows that if the new exemption is quashed, the provincial minister will be prejudicially affected in a direct way because her ability to carry out a key function of her ministerial role, namely, implementing the provinceB次元官网网址檚 multi-faceted strategy in response to the toxic drug crisis, will be significantly compromised,B次元官网网址 the ruling says.

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