B.C. judge quashes drug charge, declares trafficking law unconstitutional for compassion club founders

A B.C. Supreme Court judge has quashed drug charges against the founders of a Vancouver compassion club and declared the law against possession for the purpose of trafficking unconstitutional.

Justice Catherine Murray released her ruling Tuesday, accepting a constitutional challenge from Jeremy Kalicum and Eris Nyx, who co-founded the Drug Users Liberation Front. The club bought drugs on the black market, tested them for fentanyl, and sold them at cost to 43 members — including heroin, cocaine, and methamphetamine.

Kalicum and Nyx were convicted about a year ago after being charged with possession for the purpose of trafficking. Murray delayed sentencing to allow for a constitutional challenge, which she accepted on Tuesday.

Murray declared the law "is of no force or effect because it unjustifiably infringes" Charter of Rights sections relating to "life, liberty and security" and equal rights and protection from discrimination. She delayed her judgment six months to give Parliament time to change the law. The government has the right to appeal.

Vancouver Coastal Health had granted the club a partial exemption for testing and supervised consumption of street drugs, but Murray ruled the exemption did not cover the sale of drugs to members. Federal law prohibits the health minister from granting an exemption if drugs are obtained illegally, and the DULF never received legal authorization from Ottawa to buy and sell drugs.

In an earlier ruling, Murray found the club reduced harms associated with the toxic drug crisis and did not negatively impact community or public safety. "There is no question that their intentions were and are good," she said at the time. "They want to save lives."

On Tuesday, Murray said Kalicum and Nyx "have borne the burden of bringing a successful constitutional challenge, thereby doing the public interest a service at considerable personal cost."

The ruling has drawn political reaction. Conservative candidate Claire Rattée said "what happened today is absolutely ridiculous," though she stated she supports harm reduction as a former addict. "Drug trafficking is drug trafficking and I don't care if it's done under the guise of compassion," Rattée said. NDP Leader David Eby has previously said he supported the club's objective of removing dangerous additives from drugs.