VANCOUVER — In 2021, the Vancouver-based Drug User Liberation Front approached Health Canada with a proposal.
It wanted permission to buy heroin, cocaine and methamphetamine on the dark web, before having the drugs tested for contaminants and selling them to users through its"compassion club and fulfilment centre."
The court cases keep British Columbia on the cutting edge of the legal landscape around drug use and understanding of Canadians' constitutional rights, more than a decade after a landmark Supreme Court of Canada decision that kept Vancouver's Insite safe injection site open. The DULF cases come amid a growing push in B.C. for new approaches to a drug toxicity crisis that has killed more than 14,000 people since the province declared a health emergency eight years ago. Both provincial health officer Dr. Bonnie Henry and former chief coroner Lisa Lapointe have called for alternatives to street drugs to be made available without a prescription.
Young said courts had repeatedly rejected the moral blame that traditionally attaches to individuals who use drugs. It said on its website it had sold three kilograms of the drugs to compassion club members"for up to 80 per cent cheaper than they would on the street." Tim Dickson, who represents DULF, said its request for a judicial review of the Health Canada decision represents a"highly practical application of constitutional law" at a time when the politics around drug use are"very, very difficult."
In an interview, Dickson said the Insite ruling established that it is constitutional to prohibit possession and trafficking of drugs only if there is an exemption process. Dickson said he is also preparing to make a Charter challenge related the criminal charges against Nyx and Kalicum.
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