Full decriminalization is also needed for all penalized drugs. Many PWUDs don’t know the complete composition of the drugs they use or sell. Further, the toxic drugs causing the overdose epidemic are not just found in the illegal opioid supply, they have also contaminated many other illegal drug supplies and will contaminate other illegal supplies in the future. CAPUD, therefore, seeks full decriminalization throughout Canada and for all illegal drugs.

CAPUD is Canada’s national PWUD advocacy network representing 560 PWUDs. More information on CAPUD can be found here.

CAPUD’s also has the support of 19 provincial and regional PWUD advocacy groups and harm reduction societies with 7,435 total PWUD members for this legal action. CAPUD’s action was filed in British Columbia (BC), where the overdose epidemic has been particularly deadly and harmful.

CAPUD is joined by 4 individual co-plaintiffs who are current and former PWUDs or family members of PWUDs. The co-plaintiffs are all based in BC. They have varied lived experiences using different drugs, facing criminal penalties for their drug possession or trafficking, stopping their drug usage, or trying to help their family members who used drugs. More information on the individual co-plaintiffs can be found here.

CAPUD’s legal action is rooted in the human rights of PWUDs and their families. Drug criminalization creates an illegal market for drugs that is unregulated and has become lethal for many PWUDs. Drug criminalization also creates fear of persecution and stigmatization that coercively block PWUDs from accessing medical treatment and harm reduction for harms from their drug use. The Canadian government’s conduct in imposing these criminal penalties, therefore, violates Canadians rights under the Canadian Charter of Rights and Freedoms (Charter). PWUDs Charter rights to life, liberty, and security of the person (section 7) are violated as they face a dangerous illegal drug supply that threatens their lives and health and they are coerced, with possible incarceration and other penalties, against seeking medical treatment and harm reduction. Drug criminalization is also rooted in historical racism, colonialism, and xenophobia. The disproportionate effect of criminal penalties related to drugs on Indigenous, Black, and other Persons of Color (IBPOC) communities, further violates their equality rights (section 15). Drug addiction and dependence is also classified as a disability and drug criminalization against PWUDs suffering from these disabilities also violates their equality rights. Finally, punishment of drug possession and necessity trafficking, conduct that is not morally blameworthy, with potential imprisonment, is cruel and unusual punishment contrary to PWUD’s human rights (section 12).  Drug addiction and dependence should be treated as a health issue, not a criminal one.

If you would like to learn more about the status of CAPUD’s action, please review the pleadings section below.