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The state of decriminalization in B.C. is unmanageable: Nelson mayor

Timothy Schafer Local Journalism Initiative Reporter
By Timothy Schafer Local Journalism Initiative Reporter
July 29th, 2023

Decriminalization is not working in its current form, says the City’s top elected official, and the consequences that B.C. municipalities are left to grapple with in its wake are becoming unmanageable.

Janice Morrison said the Province needs to examine the consequences of the exemption they granted to the Controlled Drug and Substances Act on Jan. 31 in response to the toxic drug crisis.

“I think that we need to realize that the Province has heard loud and clear, not just from the City of Nelson but every municipality in B.C., that decriminalization in its current form does not work,” she said during a city council meeting July 25.

She admitted the Provincial government has no intention of backpedaling and eliminating its three-year trial of decriminalization, but they will likely be looking at modifications.

“You do everything with the best intent (in government), often times there are unexpected consequences,” she stated. “There are unexpected consequences in this. They now see there are consequences in this and they are going to be reviewing it.”

The B.C. Ministry of Public Safety and Solicitor General is undertaking policy work to support possible Fall 2023 legislation to regulate the use of drugs in certain public spaces. The question, though, is the time stamp on the review and how soon it will be completed, Morrison pointed out.

Last week the City introduced legislation of its own in regards to public consumption of controlled substances. The bylaw amendment received two readings and will entertain a meeting with medical health officer Sue Pollock on Aug. 8 before closing the book on the amendment.

The bylaw amendment restricts the use of controlled substances in parks and some public spaces — generally places frequented by children — and gives the City and police the legal legs to move people to other areas.

“Decriminalization was about possession,” said Morrison. “It didn’t mean that you can just use it anywhere.”

When the bylaw was first introduced, there were some on council that questioned the involvement of the Nelson Police Department, considering the history of the issue. Coun. Jesse Peneiro said he was wary of the police being the tool to make the bylaw happen.

“If (the bylaw) is just for educational purposes I don’t see why we can’t use a different tool,” he said. “I know that there is a huge history of police abuse with marginalized people and it’s going to take a lot of time for that relationship to change.

“I know we are in the process of that, and our city police are engaged in that process, and I think that that is great … but it is a process and we are right at the beginning of it.

“Using police to educate marginalized people about where we want them to be and how we want them to interact with others” doesn’t work.

Up the ante

Part of the problem is the vast underfunding of the organizations working on the street, as well as providing affordable housing and social services, said Morrison.

She spent 35 years in the healthcare field — dealing with trauma —  and has been advocating in that time for more funding to come to these organizations so they can be staffed properly.

“Staff burnout is huge in all aspects of health care, and frontline healthcare is especially brutal,” she said.

Morrison has been delivering that message to every minister that is related in any way to the delivery of health care. And that is a message society needs to keep working on, Morrison explained, in order to see some resolution.

“This idea that people are sitting around and writing grants, wondering if their program is going to be around in three months is, let’s face it, it’s bullshit,” she said.

People with social service organizations spend so much time writing grants when they could be doing their good work, Morrison added.

“What I can tell you about in Nelson is there is a significant compassion fatigue. Because people I know that have been long-term advocates are not such good advocates anymore,” she said. “There is not a day that I am not engaging with somebody around the issues that Nelson is facing, the region is facing, and the province is facing. We have the fentanyl epidemic here in British Columbia. We trump any other province in Canada. I don’t know why, but we do.”

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