Founders of Vancouver club that sold tested illicit drugs file Charter challenge
Lawyers for the founders of Vancouver's Drug User Liberation Front say their clients are being wrongfully criminalized for operating a club that provided untainted drugs to people who would otherwise be at the mercy of a toxic and deadly illicit drug supply.
Lawyers Tim Dickson and Stephanie Dickson outlined a constitutional challenge of Canada's Controlled Drugs and Substances Act on Tuesday, filed in B.C. Supreme Court on behalf of Jeremy Kalicum and Erys Nix.
The pair had operated a "compassion club" that sold heroin, cocaine and methamphetamine bought on the dark web and tested for contaminants.
The club was raided by police in October last year, and the pair have since been charged with drug trafficking.
Their trial is set for October 2025, but they claim their Charter rights and the rights of users were violated when the club was shut and they were arrested.
"We want to demonstrate how deeply unfair and discriminatory it is to prevent drug users from saving lives, from saving the lives of the people they care about the most," Nix said during a news conference.
Their Charter challenge argues that denying compassion club members access to a predictable supply of drugs they depend on, while exposing them to the severe risks of the street supply is "grossly disproportionate" to any benefits of shutting down the club.
They say in their legal claim that preventing the initiative infringes on their right to liberty and the right to life and security of the person of the compassion club’s members.
The pair claim that people with serious addictions are compelled to turn to the toxic street supply for substances they depend on, making it discriminatory to shut down the club and a violation of the right to equality.
Nix said the only way to save lives is to see "some type of regulation of the illicit drug market."
"Organized crime thrives on this market and generates money from prohibition, and organized crime does not care about regulating the potency of drugs," Nix said.
The Charter application said they should not have been charged because the club's site had been given the authority by Vancouver Coastal Heath to collect, store and transport illicit drug samples for drug checking or analysis.
The operation and eventual arrest of the pair set off significant public sparring between the governing NDP and the Opposition BC United.
Tim Dickson said it was disappointing that there's been a "shift in the political discourse on drug policy in B.C. in recent months."
"But the advantage of the court case is that it's an opportunity to have these issues decided on the basis of evidence and of logic by an independent and impartial judge," he said. "It will be a very different process than the political debate that's been going on in recent months, which is more about sound bites than facts."
This report by The Canadian Press was first published Oct. 15, 2024
CTVNews.ca Top Stories
The loonie is trading at lows not seen in years. Here's what it means for Canadians
The Canadian dollar is trading against the U.S. dollar at levels not seen since 2020 as the combined pressures of economic outlooks, elections, and energy prices weigh. Here's what you need to know.
Trudeau's Liberals launching new ads, MPs told in caucus meeting
Prime Minister Justin Trudeau faced his caucus for the first time Wednesday since rebuffing calls from two dozen Liberals to resign. He seemed to satiate some MPs’ concerns, with a presentation on party campaign strategy that includes rolling out new ads.
Mother of teen victim in mass killing suing Manitoba's child welfare agency
The mother of a 17-year-old victim in a mass slaying in Manitoba is suing a child welfare agency for allegedly failing to protect the girl.
Federal government to stop paying B.C. woman for job she doesn’t have
There appears to be an end in sight for the strange predicament of a B.C. woman who was being paid by the federal government for a job she was hired for but never actually did.
Dodgers aim to clinch World Series in Game 5 against Yankees
Los Angeles Dodgers (98-64, first in the NL West during the regular season) vs. New York Yankees (94-68, first in the AL East during the regular season)
'Nature is just amazing': Manitoba dog seen nursing kitten
A long-time animal foster said the recent behaviour of her dog and cat is something she had never witnessed.
Starbucks is making a popular add-on free of charge
Starting next week, Starbucks customers will no longer pay more for this add-on for their orders.
'Not going to play their games,' Singh won't help Tories, Bloc topple the Liberals
Jagmeet Singh says the NDP will not support the Bloc Québécois and Conservative leaders to help them bring down the Liberal government.
Mother intentionally jumps over Niagara Falls with her two children, a 9-year-old and 5-month-old: police
A 33-year-old mother climbed over a safety rail and intentionally went over Niagara Falls with her two children, a 9-year-old and 5-month-old, according to New York state police, who said Wednesday that search and rescue efforts were unsuccessful.