Abbotsford, B.C., defends bylaw restricting harm-reduction after drug users sue

VANCOUVER – The B.C. municipality being sued over a zoning bylaw that restricts harm-reduction services is defending the provision, suggesting it doesn’t ban programs such as clean-needle exchanges.

A group of three drug users filed a lawsuit in May, alleging the bylaw violates their constitutional rights because it prevents them from accessing services that could prevent them from contracting diseases and suffering overdoses.

But the city has filed a statement of defence in B.C. Supreme Court that insists the bylaw doesn’t prevent the local health authority from offering services to Abbotsford drug users, while noting several community groups already distribute clean needles.

That assertion appears to run contrary to several reports and documents posted to the city’s website that clearly state the purpose of the bylaw is to prohibit harm-reduction services in all zones of the city.

The Fraser Health Authority asked the city to change the bylaw in 2010, telling council that the zoning provision is preventing the health authority from offering a clean-needle program for drug users.

The city is currently conducting a review of the bylaw, including the possibility of repealing it altogether, but the plaintiffs say the review is taking too long and there is no indication of when, or even if, the bylaw will change.