Key Takeaways:
- Health Canada’s witness, Eric Costen, frustrated the judge with his vague and unhelpful responses during the Drug User Liberation Front’s (DULF) judicial review trial.
- The trial highlights the opacity and frustration of Canadian drug policy, particularly with regards to safer supply programs.
- DULF’s lawyers argue that shutting down their compassion club, which provided pharmaceutical-grade alternatives to unregulated drugs, violated members’ Charter rights and put them at risk of overdose and death.
- Health Canada’s approach to safer supply has been criticized for being overly restrictive and bureaucratic, with many people unable to access the program due to barriers such as lack of family doctors or pharmacies.
- Experts have recommended the development of non-medical safer supply programs, which would not require doctors or pharmacies, to reduce drug-related deaths.
Introduction to the Trial
The Drug User Liberation Front’s (DULF) judicial review trial has highlighted the frustrations and opacity of Canadian drug policy. The trial, which began in November, has seen Health Canada’s witness, Eric Costen, face intense scrutiny from the judge and DULF’s lawyers. Costen, who served as associate deputy minister for Health Canada from 2023 to 2025, was questioned about the agency’s approach to safer supply programs, which aim to provide people who use drugs with pharmaceutical-grade alternatives to reduce their risk of overdose and death.
The Witness’s Testimony
Costen’s testimony was marked by vague and unhelpful responses, with the judge, Catherine Murray, chastising him several times for his lack of clarity. When asked about the process for changing regulations to allow for non-medical safer supply programs, Costen claimed he wasn’t familiar with the process because he wasn’t involved in the regulatory side of Health Canada. Murray expressed frustration with Costen’s responses, stating that he seemed to be "seeing [evidence] for the first time and guessing" and providing responses of "very little value." Despite his role as associate deputy minister, Costen’s testimony revealed a lack of knowledge and understanding of the agency’s own policies and procedures.
Safer Supply Programs
Safer supply programs are a crucial component of Canada’s response to the opioid crisis. The programs aim to provide people who use drugs with pharmaceutical-grade alternatives to reduce their risk of overdose and death. British Columbia has been running a prescriber-based safer supply program since 2020, which requires individuals to get diagnosed with substance use disorder and find a doctor who will prescribe them safer supply. However, this program has been criticized for being overly restrictive, with many people unable to access it due to barriers such as lack of family doctors or pharmacies. Experts have recommended the development of non-medical safer supply programs, which would not require doctors or pharmacies, to reduce drug-related deaths.
DULF’s Compassion Club
DULF’s compassion club, which was shut down by the Vancouver Police Department, provided a non-medical safer supply program for people who use drugs. The club, which was set up by co-founders Eris Nyx and Jeremy Kalicum, allowed members to access tested and pure forms of heroin, cocaine, and methamphetamine without the need for a diagnosis or doctor. The club was able to operate for a time with tacit support from police and provincial health authorities, but was eventually shut down after Nyx and Kalicum were arrested and charged with trafficking. DULF’s lawyers argue that shutting down the compassion club violated members’ Charter rights and put them at risk of overdose and death from the unregulated street supply.
The Judicial Review
The judicial review, which is ongoing, will determine whether the shutdown of DULF’s compassion club was lawful. DULF’s lawyers are arguing that the shutdown violated members’ Charter rights, including their right to life, liberty, and security of the person. The trial has highlighted the challenges of working with Health Canada to seek exemptions and changes to drug policy, with Costen’s testimony revealing a lack of clarity and transparency in the agency’s decision-making processes. The outcome of the trial will have significant implications for the development of safer supply programs in Canada and the rights of people who use drugs. The next trial dates are booked for late March and July, and the decision is expected to be closely watched by advocates and experts in the field.
