The Canadian Association of People who Uses Drugs is suing Canada to remove criminal penalties on drug use

CAPUD is suing Canada to remove criminal penalties on drug use
CAPUD launched a website drugdecrimcanada.com to inform people on their lawsuit against Canada to remove criminal penalties on drug use - Image courtesy of CAPUD
James Mainguy - CFRO - VancouverBC | 03-09-2021
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On Tuesday, August 30, CAPUD -- the Canadian Association of People who Use Drugs -- along with 4 individual plaintiffs, filed a lawsuit in B.C. Supreme Court.

According to their lawyer, Dustin Klaudt, they’re suing the Canadian government in order to strike out “...the federal legislation that imposes drug prohibition on...simple possession use. They're also seeking limited scope remedy with respect to drug trafficking, which is the selling of drugs.” CAPUD and the individual plaintiffs considers that the persons who use drugs should not be criminalized for selling a supply that is guaranteed safe or for selling in order to make enough money to support themselves.

The claim is based on the Canadian Charter of Rights and Freedoms, specifically the right to “...life, liberty, and security of the person,” as well as freedom from “...cruel and unusual treatment and punishment.” The lawsuit also claims drug prohibition violates the equality right in the Charter since drug laws disproportionately affects racialized people as well as Indigenous people in Canada. 

You can download the Notice of Civil Claim (pdf) on DrugDecrimCanada, the website specifically launched to inform the public about the lawsuit.