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B.C. tosses trafficking convictions, tells Ottawa to rework drug legislation
The judge gave Parliament six months to fix the law after finding the ban blocked a non-medicalized safer supply program, lawyers said.
On Tuesday, British Columbia Supreme Court Justice Catherine Murray declared Section 5 of the Controlled Drugs and Substances Act unconstitutional, striking down trafficking convictions against Drug User Liberation Front founders Jeremy Kalicum and Eris Nyx.
Kalicum and Nyx were convicted last year for trafficking after buying pure drugs to sell at cost, seeking to save lives through a non-medicalized safer-supply program after Health Canada denied them a legal pathway.
Murray found the act infringes on Sections 7 and 15 of the Charter, guaranteeing the right to life and equal protection. She suspended invalidity for six months, allowing Parliament time to craft legislative amendments.
Lawyer Tim Dickson called the ruling a "vindication of what DULF was doing," stating the case "should never have been brought to trial." The Crown has 30 days to appeal.
The toxic drug crisis remains an emergency over 11 years after its declaration as a public health emergency. Murray emphasized the safer-supply program is "urgently needed to save lives" amid ongoing overdose deaths.