B.C. Human Rights Commissioner says stigmatizing drug use is a violation

British Columbia's rights watchdog has criticized the province for stigmatizing people who use drugs, calling it a violation of their human rights to treat their health issues as "moral failings."

Kasari Govender said in a position statement issued by her office Thursday that B.C.'s recent focus on involuntary care and "criminal justice responses" to the toxic drugs crisis is driven largely by stigma.

Govender said in an interview that the province should refocus on expanding safer supply and harm-reduction programs due to evidence presented by health professionals including B.C.'s provincial health officer and former chief coroner Lisa Lapointe.

"I really want to ensure that these decisions are not driven by political popularity," Govender said of B.C.'s recent shift toward involuntary care, with Premier David Eby promising in September the addition of more involuntary-care facilities as municipalities pushed for such expansions.

"Absolutely, governments drive their decisions from the people, and there's incredible value to that … in the democratic system," she added.

"(But) we also live in a constitutional democracy where it's not only about majority rules. We also have protections in place which protect our fundamental human rights."

Lapointe said in February that she was disappointed by the province's overhaul of its safer-supply program, saying the move to a "witnessed-only" model, in which people are supervised while consuming their prescription drugs and aren't allowed to take them home, appears to ignore scientific evidence.

More than 16,000 people have died from toxic drugs since the province declared a public health emergency in 2016. The BC Coroners Service says 158 people died from illicit drug overdoses in September, down almost 20 per cent from the same month last year, in a trend that sees this year's death rate down by 31 per cent since annual fatalities peaked at 2,589 in 2023.

Govender said unregulated drug toxicity remains the leading cause of death for British Columbians between the ages of 19 and 59, and the death rate was about 5.3 per day in September.

A large part of the problem, she said, is the stigma of drug use influencing public policy.

"Treating people who use drugs as if their health issues are moral failings is a violation of their human rights,” she said in her statement.

The Ministry of Health said in a statement that respect and compassion and saving lives is the "top priority" when treating people with mental health and substance use issues.

It said the provincial government is "building a system of care that includes early intervention and prevention, treatment and recovery, after-care services, complex care housing and more."

The ministry said the addition of involuntary care beds is for "a small but growing group of individuals with severe mental health and concurrent substance use challenges who require care." 

It said there are safeguards in the province's Mental Health Act giving people forced into care the right to ask for a second opinion, seek a review hearing or consult with an "independent rights adviser." 

Govender contrasted the handling of the opioid crisis and the COVID-19 pandemic.

"As we saw during the COVID-19 pandemic, any other health problem with massive fatalities would be treated with the utmost urgency," she said. 

"Yet the toxic drug crisis continues to kill many people across the province every day for over a decade with little reprieve. 

"When public policy on substance use and treatment of people who use drugs is based on stigma and morality, rather than evidence and respect for fundamental human dignity, harmful policies result."

Govender said she wasn't suggesting involuntary care should never be used to treat people with mental illness, but she does not believe it is effective for those with only substance-use issues.

She said that her support for safer-supply policies was not meant to discredit communities' public safety concerns, which some have linked to drug decriminalization policies.

"We all want to be safer," Govender said. "And what better way to do that than to follow the evidence?"

The statement from Govender's office said the province should favour safer supply and harm reduction, arguing they reduce deaths and serious harm although they "might not be politically popular".

"Much like alcohol in the 1910s, the toxic drug crisis occurs in a prohibition model, making it clear that the crisis is not the result of safer supply policies, but rather the result of making drugs illegal,” the position statement said.

“A compassionate approach requires embracing scientific evidence over political ideology and making every possible effort to save lives.”

Picture Courtesy: THE CANADIAN PRESS/Darryl Dyck