FACETS (Jan 2024)

Urgent and long overdue: legal reform and drug decriminalization in Canada

  • Vanessa Gruben,
  • Elaine Hyshka,
  • Matthew Bonn,
  • Chelsea Cox,
  • Marilou Gagnon,
  • Adrian Guta,
  • Martha Jackman,
  • Jason Mercredi,
  • Akia Munga,
  • Eugene Oscapella,
  • Carol Strike,
  • Hakique Virani

DOI
https://doi.org/10.1139/facets-2022-0080
Journal volume & issue
Vol. 9
pp. 1 – 28

Abstract

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The International Guidelines on Human Rights and Drug Policy recommend that states commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. In respect of the Guidelines and standing obligations under UN Treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people-centered, and public health approach. This approach must commit to the decriminalization of people who use drugs and include the decriminalization of possession, purchase, and cultivation for personal consumption. In this report, we will first turn to the legal background of Canada's drug laws. Next, we will provide an overview of ongoing law reform proposals from civil society groups, various levels of government, the House of Commons, and the Senate. We end with a three-staged approach to reform and a series of targeted recommendationscr.

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