A British Columbia Supreme Court judge has overturned the trafficking convictions of two drug activists, ruling that part of Canada’s federal drug legislation is unconstitutional and giving Parliament six months to address the legal shortcomings.
Justice Catherine Murray stayed the convictions of Jeremy Kalicum and Eris Nyx, co-founders of the Vancouver-based Drug User Liberation Front (DULF), after finding that Section 5(2) of the Controlled Drugs and Substances Act infringes protections under Sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
Kalicum and Nyx were convicted in 2025 after admitting that they obtained tested drugs, including heroin and methamphetamine, and distributed them to members of their compassion club at cost. They argued that the program was intended to reduce the risks associated with an increasingly toxic and unpredictable illicit drug supply.
The activists had previously sought an exemption from Health Canada that would have provided a legal pathway for operating a non-medicalized safer-supply program. According to the court ruling, that exemption was never granted, leaving the pair without a legal mechanism to continue their work.
Justice Murray said the legislation needs to be addressed urgently and has suspended the effect of her constitutional ruling for six months, giving the federal government time to develop a response. The ruling allows Parliament to determine how the legislation should be changed.
The decision comes amid British Columbia’s continuing toxic drug crisis, which the provincial government declared a public health emergency in 2016. The court found that DULF’s program reduced the risks associated with the toxic drug supply and did not negatively affect the broader community or public safety.
Kalicum said he was pleased with the decision, while lawyer Tim Dickson described the ruling as a vindication of the work carried out by the organization. Nyx declined to comment immediately following the hearing.
The Public Prosecution Service of Canada has 30 days to decide whether to appeal the ruling. The federal government will also need to determine how to respond to the court’s six-month deadline for addressing the legislation.
The case could have broader implications for Canadian drug policy, particularly the legal framework surrounding safer-supply programs, harm reduction and exemptions under federal drug legislation.
Swifteradio.com
