Pivot Legal Society out of Vancouver is taking the City of Campbell River鈥檚 bylaw banning public drug consumption to court saying it is out of the city鈥檚 jurisdiction to do so.
A petition to the Supreme Court of B.C was filed Friday, Feb. 10 asking for a declaration that Campbell River鈥檚 Bylaw No. 3884 (the Public Nuisance Amendment Bylaw) and Bylaw No. 3885 (the Ticketing for Bylaw Offences Amendment Bylaw) are ultra vires or invalid and are 鈥渦nreasonable, contrary to the provisions of the Local Government Act and Community Charter and are invalid.鈥�
The petition also seeks an order quashing the bylaws, an interim injunction restraining the city from enforcing the bylaws, an order for the costs of the proceeding and 鈥渟uch further and other relief as this Honourable Court deems just.鈥�
The bylaws were adopted Jan. 26 in anticipation of Health Canada鈥檚 Jan. 31 exemption issued to the Province of British Columbia at the province鈥檚 request that removes criminal sanctions for adults in B.C. who possess certain illicit substances up to a total of 2.5 grams for their own use.
The city issued the two bylaws 鈥渇or the protection and enhancement of the well-being of the community by prohibiting the consumption of controlled substances at any city facility, highway park or public space鈥� and includes a penalty of up to $200 in fines.
READ MORE:
The society is being represented by Campbell River lawyer Sarah Runyon who said the society is seeking a declaration that the bylaws are out of the city鈥檚 jurisdiction. Local governments can鈥檛 legislate public health bylaws without provincial government approval, Runyon said.
鈥淚t鈥檚 in direct violation,鈥� Runyon said.
The city also has a legal obligation to consult with public health about health-related bylaws, Runyon said.
The petition cites the city鈥檚 adoption of the bylaws on at its Jan. 26, 2023, regular meeting and at which time it voted against receiving a letter from Dr. Charmaine Enns, the North Island Medical Health Officer, requesting city council postpone adoption of the bylaws for six months. Dr. Enns said in the letter that council should consult the local medical health officer when making public health decisions.
READ MORE:
For the past few years, Campbell River, like many communities in the province, has been wrestling with the problem of unruly behaviour and homelessness in its downtown associated with mental health and addiction.
City councillors have been frustrated by the inability to implement measures that have a meaningful impact on a situation that is technically a provincial responsibility.
Pivot Legal Society works in partnership with communities affected by poverty and social exclusion to identify priorities and develop solutions to complex human rights issues, according the Supreme Court petition. Pivot鈥檚 work is focused in four policy areas, including drug policy and homelessness. Pivot is based in Vancouver, B.C.
Pivot鈥檚 Housing campaign is aimed at ending the criminalization of people experiencing homelessness by challenging 鈥渄iscriminatory laws and law enforcement practices that violate human rights, perpetuate stigma and prevent unsheltered and precariously housed people from taking steps to save their own lives,鈥� the petition says.
editor@campbellrivermirror.com
Like us on and follow us on
