New drug penalties could further marginalize users: PHR exec director

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A prominent community advocate is worried that new and harsher penalties for drug traffickers in Saskatchewan will end up having an outsized impact on users.

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The provincial government this week announced legislation to address the battle against methamphetamine and fentanyl in Saskatchewan, including fines of up to $1 million for drug trafficking; seizing property used for or purchased with the proceeds of drug sales; reclassifying drug use and “other disruptive activities” in semi-public spaces as trespassing; and classifying drug-related items (including needles) as street weapons to let officers seize them immediately.

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Also under the new measures, driver’s licenses, provincial firearms licences, hunting and fishing licences, and in some cases business and other municipal licenses can be cancelled. As well, provincial benefits could be cancelled.

“While we recognize the need for action in response to the overdose crisis, we firmly oppose punitive approaches that further marginalize people who use drugs,” Prairie Harm Reduction executive director Kayla DeMong said this week following the government announcement.

“For decades, the government has focused on criminalization as a way to solve systemic issues. Instead, they push people further into unsafe conditions, increasing overdose risk and barriers to health care.”

DeMong said charging people for possession of needles or potentially taking away income assistance will strongly impact those who are using substances, not those selling the drugs. She said labelling sterile needles as a weapon is “a direct attack” on efforts that have helped reduce the spread of HIV and hepatitis C, and that needle exchanges and safe consumption sites are proven to save lives.

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DeMong said the potential loss of income assistance in the measures raised alarms for her, saying income assistance isn’t the primary income for people who are trafficking drugs, but often is for those who are using drugs.

As part of the new measures, the province this week said Saskatchewan would consider allowing drug-use offenders to receive credit against court-imposed fines, if they attend addictions programming. Demong and PHR say forced treatment is “highly ineffective.” Money is better spent investing in mental health care and health care, she said.

“When you allow somebody to have stability in their life, choices start to look a lot different. Putting someone in treatment and then releasing them back into homelessness is not going to be helpful at all,” Demong said.

Provincial Justice Minister Tim McLeod this week insisted that the new measures are about “coming down heavily on the people who would profit off the pain and suffering of others, but recognizing the users and the addiction is not a crime,” he said.

“(It’s) making sure we have a path to recovery for the people battling addiction, not criminalizing that behaviour.”

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Demong said judicial discrimination exists, but that PHR will speak with Saskatoon police to see what the changes in penalties will mean for officers on the street.

“We’re very fortunate in Saskatoon that we have a really great relationship with the Saskatoon Police Service. Is someone who is getting stopped in the alley for something going to get a weapons charge because they have a naloxone kit in their bag?” she asked.

Saskatoon police Chief Cam McBride expressed optimism over the announcement this week, saying the new penalties will make a significant difference.

DeMong said these new regulations can be interpretive, and she worries about areas in rural Saskatchewan or Regina where there might not be that relationship with officers.

“We know in Saskatoon what our officers will do, and Chief McBride has always been very connected to the community. I’ve done a ton of work with him over the years.”

DeMong said Saskatchewan needs more low barrier voluntary treatment, accessible housing, investment in health care and mental health care, more harm reduction services, and decriminalization and supportive policies.

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“Saskatchewan deserves real solutions to the overdose crisis, ones that are rooted in science, compassion and human rights, not punishment and coercion,” Demong said.

— With Saskatoon StarPhoenix files from Julia Peterson

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