Highlights
On May 31, 2022, Health Canada approved B.C.’s request for an exemption under section 56 of the Controlled Drugs and Substances Act to remove criminal penalties for possession of small amounts of certain illicit substances for personal use (people will no longer face criminal sanctions if they are found to be in possession of up to 2.5 cumulative grams of drugs listed in the province’s threshold schedule). This exemption came into effect on January 31, 2023, and remains in place for three years. The s.56 exemption supports B.C.’s comprehensive response to the ongoing toxic drug crisis, including the disproportionately devastating impact on First Nations, Métis and Inuit Peoples. Decriminalization will help address these inequities, promoting pathways to supports, including culturally informed treatments and culturally safe services for First Nations, Métis and Inuit people who are at risk of toxic drug poisonings.
The Ministry of Mental Health and Addictions (MMHA) will continue to engage with First Nations, Métis and urban Indigenous communities and partners, including First Nations Health Authority (FNHA), First Nations leaders, Métis Nation British Columbia (MNBC), BC First Nations Justice Council (BCFNJC) and BC Association of Aboriginal Friendship Centres (BCAAFC) to ensure decriminalization is implemented in a culturally safe and appropriate way. As part of the pre-implementation work on this, MMHA worked with MNBC to hold a provincial town hall for Métis people. In addition, information packages were sent to all First Nations in B.C., including an invitation to upcoming town hall sessions and an offer to meet individually with any interested First Nation. This was also distributed to the First Nations Leadership Council (FNLC) and the First Nations Health Council (FNHC). MMHA partnered with FNHA to deliver five regional town halls for First Nations leadership, and MMHA now continues to meet individually with First Nations, with the support of partners from FNHA and the regional Health Authorities. Accounting for all First Nations, Métis and Inuit Peoples’ and communities’ experiences, needs and right to self-determination will continue to be a key part of implementation, monitoring and evaluation.
Indicators
- Policies/Reports developed: Developed and released a technical policy framework for the Adult Substance Use System of Care Framework in December 2022.
- Implementation project underway: Successfully applied to Government of Canada to decriminalize simple possession of small amounts of illicit drugs for personal use to address the toxic drug crisis, which came into effect on January 31, 2023, for an initial three-year period.
- Number of meetings and engagements held: Hosted five regional town halls for First Nations leadership in November and December 2022, in partnership the FNHA, and worked with MNBC to hold a provincial town hall for Métis people.
How are we working together?
Work is underway to implement the Adult Substance Use System of Care Framework and support health system transformation through continued engagement with First Nations, Métis and urban Indigenous partners. Consultation and co-operation with First Nations, Métis and Inuit partners and peoples are being pursued in a variety of ways across the four key subtasks of this action, including working groups and planning tables. A decriminalization information package was sent to all First Nations communities in B.C., to the FNLC and FNHC. Town hall sessions on decriminalization were co-developed with the FNHA for First Nations (Fall 2022) and with MNBC (June 2022). FNHA, MNBC, BCFNJC, and the BCAAFC have and continue to be members of the decriminalization Core Planning Table that has been meeting since July 2021 and to inform MMHA’s approach to engagement with partners.
Are there challenges?
Decriminalization is being rolled out in the midst of concurrent public health emergencies related to the COVID-19 and the toxic drug crisis, which are greatly impacting communities and the capacity of health and social service providers. Partner capacity to engage with multiple streams of work at varying touchpoints may delay development/implementation of project work. Mitigation sought via close communication with key First Nations, Métis and urban Indigenous partners supporting the streams of work.
B.C.’s decriminalization efforts will need to take into account the unique experiences, community contexts and rights of Indigenous Peoples throughout implementation. B.C. will need to continue to work closely with the Indigenous partners and engage with First Nations, Métis and urban Indigenous partners and communities to evaluate impacts of decriminalization on First Nations, Métis and Inuit people. This feedback will be critical to support ongoing program and policy improvements.