WHY WE NO LONGER ARREST DRUG USERS IN THE VILLAGE!

Drug user

Inspired by Thomas Gerbet – CBC (Picture: Pixabay)

It is now possible in Quebec to consume crack, cocaine, or inject fentanyl without fearing legal prosecution. However, the Legault government has barely informed anyone about this change, not even law enforcement.

Since last year, simple possession of drugs, meaning possession without the intent to traffic, has been de facto decriminalized. The office of the Quebec Minister of Justice confirmed this information, initially reported by Le Devoir, to Radio-Canada on Monday.

This change has neither been publicized nor covered by the media. In summary, authorities are advised to pursue charges for simple possession only in situations that pose a risk to public safety or when the possession is accompanied by another offense.

Previously, simple possession of any drug, regardless of the amount, was subject to prosecution. On April 25, 2023, following the minister’s notice, the Director of Criminal and Penal Prosecutions (DPCP) amended its directive « DRO-1 » for prosecutors. This new document, provided to Radio-Canada by the DPCP, details the circumstances to consider for prosecution, which were not specified in the original directive.

Criminal charges are now recommended when simple drug possession is found in the presence of minors, while driving, in a context of violence, in the presence of a weapon, connected to a criminal group, or if it poses a worker safety issue. Furthermore, prosecutions are advised if simple drug possession occurs in situations that disturb public peace or compromise the safety of residents and visitors to a neighborhood.

The Laval Police Service informed Radio-Canada that they had not been notified of the change to the DRO-1 directive, which affects the DPCP’s pursuit of charges. As a result, their working methods remain unchanged. The police services of Montreal, Gatineau, Sherbrooke, Châteauguay, and Granby also confirmed that they continue to enforce the law and refer cases of simple possession to the DPCP, even if these cases may not be pursued.

Line Beauchesne, a professor in the Department of Criminology at the University of Ottawa specializing in drugs, believes law enforcement should have been informed of this change. She suggests that the government prefers to keep this measure discreet, fearing it might be unpopular with the Coalition Avenir Québec (CAQ) electorate. We attempted to verify if this new directive has reduced the number of charges for simple possession over the past year, but the DPCP denied our request for access to documents, citing that it would require calculations.

At the Montreal Police Service (SPVM), a source indicated that officers had already stopped arresting individuals for simple drug possession. « Criminalizing these individuals solves nothing. They need services and support, » they noted.

« This explains what we observe in Montreal’s Gay Village, and I bet this directive has been in effect for much longer than stated, » said Roger-Luc Chayer, editor of Groupe Gay Globe Média.

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