Final decision coming on policy protecting public parks from controlled substance consumption
By Timothy Schafer Local Journalism Initiative Reporter
The impact of ‘public nuisance’ in City parks will be minimized after officers of the law and bylaw are given the doctrine of pending new legislation.
On Tuesday City council is expected to adopt an amendment to the Parks Bylaw “for the protection and enhancement of the well-being of the community” by prohibiting the public consumption of controlled substances in City parks.
Once the bylaw is adopted, social service agencies, the Nelson City Police, Nelson and District Chamber of Commerce and the Interior Health Authority will be notified.
“The use of illicit drugs in parks is likely to interfere with the public’s use and enjoyment of parks, and in particular is likely to disrupt recreational and other leisure activities, disturb the peace, comfort and enjoyment of people using the park in their leisure time, and result in unsettling behavior which causes some members of the public to leave or avoid the park,” wrote legislative coordinator Sonya Martineau in her forthcoming report to council.
Decriminalization does not apply to elementary and secondary schools, and licensed childcare facilities, or airports, and on Canadian Coast Guard vessels and helicopters.
The Province has put in place the ability for municipal governments to govern where controlled substances may be used, wrote Martineau, noting there may be a need for reasonable limits on drug use in certain public spaces.
“(T)he Ministry of Mental Health and Addictions has commented that local governments have regulatory tools to address issues related to public substance use, such as nuisance bylaws,” she said, adding that 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.
“Therefore, staff feel it is also reasonable for the City to regulate public nuisance issues by prohibiting drug use in some public spaces, particularly in certain areas of City parks frequently used by children. Staff are looking to find a balanced approach to address the challenge of public consumption of illicit substances by focusing on high exposure areas,” she said in her forthcoming report.
The amendment is intended to be a “community contract” about where children and others can and cannot expect public nuisance.
Decriminalized
In response to the toxic drug crisis on Jan. 31, the Province’s exemption to the Controlled Drug and Substances Act came into effect.
This meant adults 18 and older would not be charged for possession of 2.5 grams or less of illicit drugs for personal use and the drugs will not be seized. Trafficking remained illegal.
Illicit drugs include: opioids (heroin, fentanyl); crack; powder cocaine; MDMA (ecstasy); and methamphetamines.
Decriminalization does not apply to elementary and secondary schools, and licensed childcare facilities, or airports, and on Canadian Coast Guard vessels and helicopters.
“The Province also notes that there may be a need for reasonable limits on drug use in certain public spaces, and the Ministry of Mental Health and Addictions has commented that local governments have regulatory tools to address issues related to public substance use, such as nuisance bylaws,” noted City director of Corporate Services, Sarah Winton, in her report to City council.
Source: City of Nelson agenda, July 25
Off limits
The Parks Amendment (Public Nuisance) Bylaw proposes to amend the City of Nelson Parks Bylaw by adding the definition of illicit drugs and then setting out the parks where the use of illicit drugs is prohibited.
These locations have been selected as they are the park spaces most used by children on a regular basis for recreational and other leisure activities.
The proposed bylaw does not prohibit use of illicit drugs in all park spaces in the City.
The parks covered by the bylaw include:
- Gyro Park and Municipal Campground;
- Cottonwood Park;
- Rosemont Park;
- Lakeside Park, except land adjacent to Duck Bay;
- Hall Street Pier;
- Hall Street Plaza;
- Civic Centre;
- Nelson and District Community Complex (NDCC);
- Queen Elizabeth Park;
- Scout Hall (10 metre radius);
- Chatham Street Park; and
- Lions Park.
Source: City of Nelson, July 25 agenda
