​

Decriminalization continues to be an important harm reduction component in responding to the public health toxic drug emergency.

Today marks the second anniversary of a three-year trial period of decriminalization legislation in British Columbia that came into effect on Jan. 31, 2023. The legislation has been amended since it was first introduced, however the overall goal remains the same.

By emphasizing that substance use is a health care issue and not a criminal matter, decriminalization is intended to support people who use substances by removing barriers and stigma. The First Nations Health Authority (FNHA) continues to support a harm reduction and health care approach to substance use in order to address a toxic drug supply that disproportionately harms First Nations people.

Despite some of the politicized commentary about decriminalization, since the legislation came into effect two years ago there have been some positive outcomes, as noted in the province's Data Report to Health Canada.

As of July 2024, the report notes:

• Overdose prevention service (OPS) sites and supervised consumption services (SCS) sites continue to see upward utilization with 77,861 visits in July alone
• The prescription of Opioid Agonist Treatment (OAT), which treats Opioid Use Disorder (OUD), has remained stable since decriminalization came into effect
• People who use substances continue to make use of drug checking services to identify illicit toxic drugs. There were 4,143 tests in July across 119 locations in BC.

Effective May 7, 2024, an amendment to the legislation restored the criminal status of possession of any amount of illegal substances in public spaces. This had an overall adverse effect on the number of arrests of people who use substances.

Prior to decriminalization, from 2019 to 2022, the baseline monthly average for possession offences in BC was 718. Since decriminalization came into effect Jan 31, 2023, and until the amendment in May 2024, that number dropped to 165 arrests per month. From May to July of 2024, under the recriminalization of possession in public spaces, arrests have crept upwards again—though falling short of their pre-decriminalization levels—of 450 offences per month, on average.

Source: Decriminalization Data Report to Health Canada February 2023 – July 2024

Arresting people who use substances and putting them through the criminal justice system creates more harm because of the many consequences that make it more difficult to find a pathway to healing. A criminal record can impede the ability to seek employment, housing and may impact access to children and family.

Substance use is a complex issue that affects every person in a unique way. The FNHA understands that there is no single approach to substance use that will help everyone on their healing journeys. The intended outcome of decriminalization is to monitor its impact on four key dimensions:

1. Law enforcement: Shifting the focus away from law enforcement and keeping people who use substances out of the criminal justice system and redirecting them into health care and social services. Research indicates that there is an association between police seizure and elevated risk of toxic drug poisoning and death.
2. Wellbeing of people who use substances: By removing the harms that come with arrest and incarceration, including negative police interactions and seizures of substances, this legislation is intended to promote wellbeing of people who use substances.
3. Health pathways: By removing stigma and fear of arrest, people who use substances are empowered to seek connections to services and supports.
4. Public awareness and understanding: Decriminalization aims to raise public awareness on substance use with the end goal of reducing the stigma that prevents people who use substances from accessing services and supports.

As with many complex issues, decriminalization has been subjected to misinformation. It is important to state that decriminalization does not make illicit drugs legal. Selling drugs (trafficking) remains illegal and is subject to arrest. We also know that:

• Decriminalization does not increase illicit drug use.
• Decriminalization alone cannot address the public health risk created by the illicit toxic drug supply
• Decriminalization is only one support in a wide spectrum of programs and services needed to meet people who use substances where they are at in their healing journeys.

What the FNHA is doing to address the toxic drug crisis

The FNHA is operating under an enhanced emergency response structure to increase the provision of culturally safe, trauma-informed and responsive supports for people who use substances. This is to ensure that our efforts are robust in confronting the public health toxic drug emergency.

In partnership with the province and the regional health authorities, the FNHA has hired regional wellness navigators to facilitate connections between people who use substances and the services that can support them.

From May to July 2024, FNHA regional wellness navigators made 484 connections with clients to support access to care, including 916 engagement connections with community members and system partners.

The FNHA takes a harm reduction approach in that All Paths Lead to Wellness in supporting people who use substances. This approach includes the recognition that the historical and ongoing impacts of colonialism, including racim, continue to be a root cause of disproportionate harms to First Nations people arising from the toxic drug crisis public health emergency.

A critical component to addressing substance use is to look at the social determinants of health, including the provision of housing, food security, mental health and wellness, community supports, access to tradition and culture, and employment.

To learn more about the 10-Year Stra​​tegy on the Social Determinants of Health: A Framework for the Future which was approved at Gathering Wisdom XII by Chiefs and leaders please visit our Social Determinants of Health we​​bpage.

To learn more about the FNHA's public health response to the toxic drug crisis, including information about overdose prevention and treatment, please visit our Harm Reduction webpage.

You can also read more about decriminalization and the specifics of the legislation on our decriminalization webpage here.​