Legal Language and the Realities of Drug Enforcement in BC

Legally Speaking with Michael Mulligan

Discover the true impact of British Columbia's drug policy changes and the possible re-criminalization of hard drugs in public spaces as we navigate the labyrinthine details of Section 56 of the Controlled Drugs and Substances Act. With the guidance of Michael Mulligan from Mulligan Defence Lawyers, our latest conversation illuminates the gaps between government announcements and the actual legal language, leaving us questioning the intent behind recent amendments. Mulligan also sheds light on the paradoxical enforcement of marijuana possession laws, exploring the nuances of federal versus provincial prosecution and the transportation of legally obtained drugs.

The most recent changes to the BC exemption from drug possession laws exempts adults if:

a. they are within a designated health care clinic;
b. they are unhoused and sheltering in accordance with all applicable laws; or
c. they are within a private residence.

Because option "b" doesn't require a person who is unhoused and sheltering in accordance with all applicable laws to be "within" anything, it may not be possible to convict an unhoused person who is using otherwise illegal drugs anywhere. This is inconsistent with government pronouncements concerning the use of drugs in public places such as schools and parks.

This episode isn't just about policy—it's about the people and principles caught in the crossfire of drug legislation. We scrutinize the province's history with these laws and the ongoing battle against arbitrary enforcement, diving into how current guidelines still fall short of providing clear and consistent application. As we thank Michael Mulligan for his in-depth insights, we set the stage for further exploration of legal intricacies with an eye toward dissecting the complexities that shape our justice system and affect the lives of citizens. Join us for a compelling examination of law, order, and the societal implications in between.
Follow this link for a transcript of the show and links to the regulations discussed.