Two operators of Vancouver’s Drug User Liberation Front (DULF) were recently found guilty of possession for the purpose of trafficking. Eris Nyx and Jeremy Kalicum were charged in October 2023 after running a storefront “compassion club” in Vancouver’s Downtown Eastside for over a year. The club aimed to provide a safer alternative for drug users by purchasing illicit drugs, including heroin, cocaine, and methamphetamine, from the dark web. They tested these substances for purity at a University of Victoria lab and sold them to club members at cost, with the goal of preventing drug poisoning deaths.

Despite receiving an exemption from Vancouver Coastal Health for testing, packaging, and supervised consumption of drugs, Health Canada denied an exemption for purchasing drugs from the dark web due to public health and safety risks. Nyx and Kalicum were warned that such purchases would violate the Controlled Drugs and Substances Act (CDSA). Nevertheless, they continued to operate the club until police intervened, shortly before the club was set to close under an order from B.C.’s Health Ministry.

Following their conviction, Nyx and Kalicum's defense has shifted to a human rights argument, raising a Constitutional challenge. They question whether Canada’s Charter of Rights and Freedoms is applicable to their case. The Charter guarantees rights and freedoms, but these are subject to reasonable limits prescribed by law. Section 7 of the Charter states that everyone has the right to life, liberty, and security, which should be upheld by policies that prevent and treat harmful addictions.

British Columbia is unique in its approach, having decriminalized public use of illicit drugs and provided pharmaceuticals to individuals living in poverty with untreated addictions. However, these policies have faced criticism and have led to significant public health issues, including increased addiction, drug poisonings, and crime. The B.C. government attempted to limit its decriminalization efforts after a year, and in July, the federal government announced it would discontinue support for its “safe supply” initiative.

Statistics reveal a troubling trend: more Canadians have died from drug-related causes in the past decade than during the Second World War. A report from Statistics Canada indicated that 63.4 percent of B.C. overdoses between 2014 and 2016 involved unemployed individuals. Additionally, drug poisoning was the leading cause of death among youth in B.C. from 2019 to 2023, with two-thirds of those affected having been in government care.

Critics argue that B.C. policies fail to prioritize helping marginalized drug users regain employment or support high-risk youth during their transition to adulthood. Other regions have adopted strategies that address basic rights, such as access to housing and employment support, which are known to influence addiction recovery. The lack of focus on these rights raises questions about compliance with the intent of Canada’s Charter, suggesting that the current approach may not adequately protect the rights of all citizens.