The Quebec government has quietly removed the criminalization of simple drug possession in a notice published by Justice Minister Simon Jolin-Barrette in April 2023, it noted. The duty. So prosecutors must now assess all the circumstances before initiating a prosecution when drugs are held for personal use.
This notice therefore follows the federal government’s Bill C-5, which amends the Controlled Drugs and Substances Act, adopted in June 2022. The document notably promotes the use of diversion measures (see box) for offences of simple drug possession.
“In addition to the efforts made in the fight against organized crime and drug trafficking, our government is focusing on an approach focused on prevention, awareness and the promotion of healthy lifestyles, all in close collaboration with community organizations,” says the spokesperson for the Quebec Ministry of Justice, Audrey Lepage.
Prosecutors can still bring criminal charges, however, when the context involves organized crime, weapons, minors or vulnerable persons, violence, road safety or worker safety.
“Each case is unique, which means that it may be appropriate to lay charges,” said the spokesperson for the Director of Criminal and Penal Prosecutions, Ms.e Patricia Johnson. […] This is entirely at the discretion of the prosecutor.”
Without fanfare
The opinion of the Minister of Justice was published in the Official Gazette of Quebec without a press conference or press release, ten months after the adoption of the federal bill. A human rights lawyer and chairman of the board of directors of the community organization Cactus Montréal, Louis Letellier of St-Just believes that the government did not want to make waves with this announcement.
“They don’t want to talk about it because it’s not a subject that interests them,” he said. “This notice is for prosecutors, period.”
Medical advisor to the Montérégie Regional Public Health Directorate and president of Médecins du Monde Canada, Dr.r David-Martin Milot discovered the measure thanks to an email sent by a colleague.
“It was not integrated into a vision shared with all the stakeholders involved. In this context, honestly, I don’t know how effective it will be. We must try to mobilize in a coherent manner, with the legal and police forces, the community and with users. What is sad is that, depending on who they come across, a person can be treated completely differently for the same offence.”
The doctor, however, sees this opinion as a step in the right direction. “In the current Quebec context, dejudicialization is probably the most easily applicable measure. The response I have had from the partners I have mobilized in my region around the issue is positive.”
The last paragraph of the opinion states that “in certain contexts, simple possession and consumption of drugs represent a scourge, which may need to be addressed through criminal prosecution.”
“Was it necessary to say that it is a scourge?” asks M.e Letellier de St-Just. The minister never says that we must have an approach based on health.”
No decriminalization
This measure is different from the decriminalization of drugs as it has been applied since January 2023 in British Columbia, where adults can have small quantities of drugs in their possession without fear of being apprehended by the police.
So far, the measure has had no impact on the overdose death rate in the province. In 2023, there were 2,511 deaths due to illicit drugs. Last May, the B.C. government partially backed down by recriminalizing drug use in public spaces.
Such a project is not planned in Quebec. “The risks of opioid consumption are great, and the implications of a decision of this magnitude are just as great,” says Audrey Lepage. “Right now, we are making sure to do everything possible to support people who consume in the most humane way possible.”
According to the Dr Milot, a complete decriminalization of simple drug possession would help to destigmatize consumption and ease the burden on precarious individuals.
“But these measures do not at all affect the quality of the substances that are circulating,” he says. “We are only putting a bandage on the sore. The problem with overdoses is the contamination of the drugs that are circulating on the illegal market.”