The Supreme Court of British Columbia blocked a bill Friday that would ban the consumption of illegal substances of illegal substances in public. This year, the Legislative Assembly of British Columbia passed Bill 34, or the Restricting Public Consumption of Illegal Substances Act.

According to its explanatory note, the bill requires a local government to consult before considering a proposed bylaw relating to the consumption of an illegal substance in public. It also authorizes a police officer to direct a person to cease using an illegal substance in a specified area or place or to leave a specified area or place. Additionally, the bill authorizes a police officer to seize and remove an illegal substance and destroy that seized substance.

The bill was drafted in the context of a Public Health Emergency that has been in place in British Columbia since 2016 due to a sharp uptick in drug use. In 2017, the province requested an Exemption Order for possession of small quantities of illegal drugs to prevent over criminalization of addiction. The drafters of Bill 34 hoped to clear up inconsistencies created by the Exemption Order and redirect users to safer places for consumption. According to Section 4 of Bill 34, a police officer having reasonable grounds to believe that a person is consuming or has recently consumed an illegal substance in a restricted place or area may direct that person to cease consuming an illegal substance in the area or place or leave the area or place.

The Harm Reduction Nurses Association (HRNA), the plaintiff in the case, said that the bill would encourage solitary drug use by people with an addiction, which is potentially more dangerous than using drugs with others. They also claim that it creates undue punishment for addiction to illegal substances and displaces homeless communities. Additionally, HRNA asserts that passing the bill would cause “irreparable harm” to vulnerable communities.

In November, HRNA challenged the act’s constitutionality, requesting an interim injunction of the bill until March 31, 2024. In its ruling, the court concurred that the act would cause irreparable harm by increasing interactions with law enforcement, involuntary displacement, drug seizures increasing the risk for withdrawal, fines leading to economic hardship, and detention, arrest, or imprisonment. The court granted the proposed injunction. However, proponents of Bill 34 say that blocking the legislation would strip authorities of their ability to securitize public spaces for others in the community.

In response to the court blocking the bill, Minister of Public Safety and Solicitor General Mike Farnsworth said, “We’re determined to keep doing everything we can to save lives in the face of the toxic drug crisis … while recognizing that hard drugs should not be used in public places frequented by children and families, as well as vulnerable community members.”