VANCOUVER — A constitutional challenge initiated by the founders of a Vancouver-based “compassion club” is set to begin today at the British Columbia Supreme Court. Jeremy Kalicum and Eris Nyx were recently found guilty of drug trafficking, specifically for possessing cocaine, heroin, and methamphetamine with the intent to sell. The court's ruling stated that their conviction would be held in abeyance while the constitutional challenge proceeds.

The group, known as DULF, announced on its website that it aims to prove a section of the Controlled Drugs and Substances Act unconstitutional. They argue that the enforcement of this law is detrimental, claiming it “is killing the very people it purports to protect.” DULF contends that criminalizing alternatives to unregulated drug supplies forces users to rely on dangerous street drugs, which they say disproportionately endangers lives.

Additionally, the challenge will address claims that the law discriminates against individuals with disabilities, including those suffering from substance-use disorders. DULF operated its compassion club from August 2022 until October 2023. In 2021, the group sought permission from Health Canada to purchase heroin, cocaine, and methamphetamine from the dark web, intending to test these substances for contaminants before distributing them to users. However, Health Canada denied their request, citing significant public health and safety risks.

Despite the rejection, DULF proceeded with its operations, asserting that their actions would save lives. This unsanctioned initiative drew political criticism, especially after it was revealed that the group had received $200,000 in public funding from the B.C. government. The operation was ultimately shut down on October 26, 2023, following a police raid that led to the arrest of Kalicum and Nyx on trafficking charges.

In a ruling on November 7, Justice Catherine Murray addressed whether the drug law exemptions granted to DULF permitted them to possess the drugs for sale. She recognized that DULF was established in response to the ongoing toxic drug crisis, aiming to provide safe drugs and reduce overdose deaths. However, the court found that the exemptions allowed only for testing, packaging, labeling, and supervised consumption, not for selling the tested drugs to members.

Recent statistics from the BC Coroners Service indicate that 158 people in British Columbia died from illicit drug overdoses in September, averaging about 5.3 deaths per day. This ongoing crisis underscores the urgency of the issues being raised in the constitutional challenge.