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FOR IMMEDIATE RELEASE
Vancouver, BC
October 15, 2024

NOTICE OF CONSTITUTIONAL CHALLENGE AGAINST CONTROLLED DRUGS AND SUBSTANCES ACT

Legal Focus on Safer Drug Supply Access

DULF Co-founders, Eris Nyx and Jeremy Kalicum, have filed a Notice of Constitutional Question and Charter Application, challenging section 5(2) of the Controlled Drugs and Substances Act (CDSA), which criminalizes the possession of drugs for the purpose of trafficking. This legal challenge argues that section 5(2) unjustifiably violates sections 7 and 15 of the Canadian Charter of Rights and Freedoms by restricting access to a safer drug supply—a critical public health initiative to combat the overdose crisis.

The application argues that:
 

  • Section 7 (right to life, liberty, and security of the person) is violated because the activities of the Drug User Liberation Front (DULF)’s compassion club, which provided regulated alternatives to toxic street drugs, were essential to public health and safety. Prohibiting these actions under section 5(2) unjustifiably limits the liberty of the Applicants and the life and security of the compassion club members. The prohibition is arbitrary and overbroad, undermining the very objectives of the CDSA. Denying members access to a regulated, predictable supply of substances and forcing them to rely on the dangerous street supply is grossly disproportionate to any potential benefits of the prohibition.
     

  • Section 15 (equality before the law) is also violated, as section 5(2) discriminates based on disability. Many compassion club members struggle with serious addictions and are forced to rely on toxic street drugs. This distinction perpetuates their disadvantage, treating them as less worthy of respect and protection, thereby violating their equality rights.
     

The legal challenge seeks a declaration that section 5(2) of the CDSA is unconstitutional and requests the charges in this case be stayed. Nyx and Kalicum argue that this law not only impedes vital public health efforts but also disproportionately impacts marginalized communities, including those with disabilities, by restricting initiatives aimed at providing a regulated alternative to the toxic drug supply.

Document:
For more details, view the full Notice of Constitutional Question and Charter Application.

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