THE LEGAL CASE

CAPUD is seeking to have all references to drug possession struck from the CDSA. It is also seeking to have references to drug trafficking (the sale of drugs) interpreted to remove trafficking when a PWUD traffics drugs due to necessity.  Necessity might include situations where a PWUD sells a supply they have guaranteed is safe or when they sell solely to make enough money to support themselves. 

The possession and sale of drugs is partially decriminalized already in certain settings and circumstances in Canada. Examples can include the possession or use of drugs when a PWUD is in a supervised consumption site, is prescribed safe access to an illegal drug by a doctor, or reports a drug overdose. Several large cities (Vancouver and Toronto) and one province (British Columbia) have also now announced that they will request that Canada decriminalize drug possession within their boundaries. This partial decriminalization and the further requests are a good start, but not sufficient to stop the ongoing overdose epidemic