Officers are disappointed with the B.C. Supreme Court decision last week that temporarily blocks the provincial law, Deputy Chief Const. Fiona Wilson of the Vancouver Police Department said Tuesday.
Hinkson ruled in favour of an application by the Harm Reduction Nurses Association, imposing a temporary injunction until March 31, pending a constitutional challenge of the law, saying “irreparable harm will be caused” if it comes into force. citing section 7 of the charter.
Charter of Rights
Legal Rights
Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
However the Criminal code states:
5.13 Prosecution of Possession of Controlled Substances Contrary to s. 4(1) of the Controlled Drugs and Substances Act
Applicable Principles
PPSC prosecutors will be guided by the following principles:
Resort to a criminal prosecution of the possession of a controlled substance contrary to s. 4(1) CDSA should generally be reserved for the most serious manifestations of the offence (described in paragraph 3 below).
3. The following areas of concern will generally be considered to be the most serious manifestations of the harms justifying a criminal prosecution response:
A. Conduct that poses a risk to the safety or well-being of children or young persons, including simple possession:
committed in the vicinity of places frequented by children or young persons;
committed by a person who is in a position of trust or statutory authority in respect
of children or young persons;
B. Conduct that puts at risk the health or safety of others, including simple possession associated with impairment from substance use while preparing to drive, being responsible for supervision of a person driving, or driving a motor vehicle, operating machinery, possession of a weapon, or performing an activity posing a risk to public health or safety;