Back to SearchOntario Association Chief of Police Statement
Decriminalization for Simple Possession of Illicit Drugs
Substance Advisory Committee (OACP SAC)
December 2020
Summary
Substance Use Disorder is a public health issue and requires a coordinated and collaborative approach. This is why the Ontario Association of Chiefs of Police (OACP) supports the Canadian Association of Chiefs of Police (CACP) report entitled Decriminalization for Simple Possession of Illicit Drugs: Exploring Impacts on Public Safety & Policing. The OACP also calls on the Ontario Ministry of Health and Long-Term Care to, in a timely way, establish and invest in robust evidence based treatment programs and other support services to assist in the recovery of those persons dealing with problematic substance use.
Communities across our province are dealing with the challenges associated with addiction, not only for affected individuals, but also those living and working in communities where people are struggling with Substance Use Disorder. Any decriminalization/diversion discussion must include direct pathways to recovery and a health system that is able to support this approach.
Changing How We Deal With Illegal Substances
We often hear that models such as Portugal’s decriminalization of simple possession are what we need in Canada to deal with the addiction crisis. Portugal adapted its health care model to appropriately deal with individuals who suffer from problematic drug use. Individuals who have a Substance Use Disorder are not simply sent on their way with just a warning, a fine or community service. These individuals are diverted into treatment programs that are comprehensive, immediately available, and funded by government. Opioid Agonist therapies such as Suboxone and Methadone are made available at clinics as well as harm reduction supplies such as needle exchange and programs that encourage businesses to employ persons who are in recovery {1}. Those who refuse treatment can face sanctions that escalate each time they are found with drugs.
The model is based on education, rehabilitation, and recovery and the foundation to this approach working effectively is not to decriminalize alone. Portugal invested in a health framework that avoided incarceration and made addiction and problematic drug use a health matter and invested in subsidizing treatment programs {2}:
According to Dr. João Goulão, Portugal’s National Drug Coordinator and the Chief Architect of their Drug Decriminalization Policy,
“Decriminalization is only one part of the strategy. It’s not fair to say that it was just decriminalization that led us to the results we have today. We have an improvement in all the available indicators, but in my view, it’s the result of the complete strategy.”{3}
In addition, OACP President, Chief Antje McNeely, has stated that,
“Policing in Ontario and across the country continues to evolve with the ever-changing public safety and wellbeing issues Ontarians face. The Canadian Association of Chiefs of Police report demonstrates that police play an integral role in the public health issue of Substance Use Disorder. Ontario police services wish to support the government in the development of a provincial drug strategy.”
The Report provides an evidence-based analysis for improving the response to Substance Use Disorder in our communities through the implementation and/or support for:
-
- Supervised Consumption and Treatment Services Sites;
- Decriminalization of Simple Possession of Illicit Drugs;
- Safe Supply; and
- Enhanced Diversion Programs
The OACP recognizes that Ontario communities differ, and these differences must be accepted in order to ensure diverse initiatives are embraced, supported, and implemented. The traditional criminal justice response to substance use is no longer the only response. Ontario police services support a four-pillar approach (prevention/education, harm reduction, treatment, and enforcement), and wish to reduce stigma and discrimination by recognizing that Substance Use Disorder is not a moral failure, but a medical disorder.
The proponents of the CACP Report demonstrate that the response to Substance Use Disorder must be balanced and comprehensive, with no one action standing on its own. Success is interdependent and police services are committed to adjusting their operations and continue to support health and harm reduction initiatives while maintaining a focus on organized crime groups and networks that provide the illegal drug supply.
The OACP Position
Supervised Consumption and Treatment Sites (referred to as Consumption Treatment Service Sites in Ontario)
Police services in Ontario and across the country are experiencing an important shift in addressing Substance Use Disorder. Supporting harm reduction approaches like supervised consumption and treatment sites in communities improve life by preventing overdoses that could otherwise result in catastrophic health outcomes (e.g., brain damage, vital organ damage or death), reduce the risk of disease transmission (e.g., HIV, Hep C, and other blood borne infections), and increase access to health and social services, which are important elements to the public safety and well-being continuum. The establishment of these sites must be done in a conscientious manner that does not result in unintended consequences negative to communities in terms of criminal activity.
Decriminalization/Diversion of Simple Possession of Illicit Drugs
Ontario police services recognize the benefits of addressing the simple possession of drugs through health channels rather than a criminal justice response. Decriminalization of simple possession of drugs must be accompanied by a framework of diversion program options to provide frontline police with established pathways to health, rehabilitation, and recovery support. The policing lens will maintain its focus on public safety and wellbeing by combatting organized crime and targeting the illegal production, sale, and import/export of drugs and the various substances used in their production.
Diversion Programs
Ontario police services will continue to support diversion programs that create alternative pathways for police to link people who use drugs to treatment and other health, housing, and social service supports.
Safe Supply
It is recognized that safe supply programs can only be established for specific drugs and may not necessarily address the misuse of opioids and synthetic drugs. Ontario police services will, however, advocate and support public health and other partners in establishing a safe supply under a physician care model. Establishing a safe supply of drugs will assist in preventing and reducing harms to both the individual substance user and the entire community.
The successful implementation of changes to address Substance Use Disorder will require all partners working together to achieve common goals. The decriminalization of simple possession of illicit drugs requires a more robust investment in evidence based treatment, as well as recovery/rehabilitation options. Police look forward to being included in this conversation to provide an enforcement perspective. The OACP calls on the federal and provincial governments to invest the necessary resources into harm reduction initiatives; specifically supervised consumption and treatment sites, safe supply of drugs and the necessary diversion programs to accompany any legislative changes.
The OACP supports the CACP proposal for a national task force to explore Canadian drug policy reform and calls on the Government of Ontario to engage with partners, including police, to establish an Ontario task force to collectively develop the way forward on these and other drug related issues, all of which should translate into a revitalized Ontario Drug Strategy.
The OACP supports the Association of Municipalities of Ontario (AMO) report Addressing the Opioid Overdose Emergency in Ontario and the call for the Ministry of Health and Long-Term Care to appoint a dedicated coordinator to focus on a provincial response that includes building community partnerships and acting as a conduit between government and community agencies. The need for a provincial response is further emphasized in the December, 20, 2018 Verdict of the Coroner’s Jury (jury recommendations) related to the death of Bradley John Chapman.
Police play a pivotal role in community and public safety while working to balance the interest of citizens, businesses and people who abuse substances therefore police must be included in discussions at all levels of government. The OACP Substance Advisory Committee will take a leadership role to work directly with the Government of Ontario, police services across the province, and the CACP on substance abuse issues in order to effectively contribute to our collective goal of safer communities.
References
{1} Bramham, D. Vancouver Sun. (2018, 20 July). Many in B.C with addictions have no easy path to recovery. Retrieved from: https://vancouversun.com/news/local-news/many-with-addictions-have-no-easy-path-to-recovery
{2} Blanchard, S.W. Filter Magazine. (2019, 28 February). Portugal’s Decriminalization of Drug Use, Explained. Retrieved from: https://filtermag.org/portugal-decriminalization-drug-use-explained/
{3} Marshall, C. The Scotsman. (2019, 18 May). Don’t treat addicts as criminals, says Portuguese drug tsar. Retrieved from: https://www.scotsman.com/news/crime/don-t-treat-addicts-as-criminals-says-portuguese-drugs-tsar-1-4930014
This Statement was developed by the following police leaders on behalf of the OACP and its Substance Advisory Committee:
Rachel Huggins
Deputy Director – Executive Lead, Cannabis Legalization
Organized Crime Enforcement Bureau, Ontario Provincial Police
Jim Walker
Detective Inspector
Ontario Provincial Police
Tim Farquharson
Deputy Chief of Police
Peterborough Police Service
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