Quebec diversion drug possession without informing the police
A person who uses hard drugs can avoid charges under an amended directive.
Smoking crack, taking cocaine or injecting fentanyl, safe from legal proceedings, is now possible in Quebec. Except that the Legault government has informed almost no one, not even the police.
Simple possession of drugs, i.e. possession without the intention of trafficking, has been de facto diverted since last year. The office of the Quebec justice minister confirmed to Radio-Canada the information first reported by Le Devoir on Monday.
The change has not been the subject of any publicity or media coverage. Neither the health and social services network nor the police were informed. However, it was a formal request from Montreal Public Health and the Service de police de la Ville de Montréal (SPVM).
In the opinion, published on the sly in the Official Gazette of 24 April 2023 (New window), Minister Simon Jolin-Barrette plans to use diversion measures.
The Minister of Justice, Simon Jolin-Barrette
In summary, the Notice recommends that prosecution for simple possession of drugs be initiated only in circumstances that pose a risk to public safety or when the possession is accompanied by another offence.
Previously, simple possession of any drug, in any quantity, was punishable.
On April 25, 2023, the day after the Minister's opinion, the Director of Criminal and Penal Prosecutions (DPCP) amended its "DRO-1" directive, intended for prosecutors. The new document (New window), provided to Radio-Canada by the DPCP, details the circumstances to be considered, which did not appear in the The original directive (New window).
Criminal charges are recommended when simple possession of drugs is found in the presence of minors, while driving, in a context of violence, in the presence of a weapon, in connection with a criminal group or if it poses a worker safety issue.
The DPCP specifies that prosecution can be initiated if the offender does not show a desire to stop drug use.
In addition, the DPCP recommends criminal charges if simple possession of drugs is committed in circumstances that disturb the public peace or compromise the sense of safety of residents and people who frequent a neighbourhood.
In June 2022, the Canadian Parliament passed Bill C-5, which provides for the use of treatment programs or other support services instead of laying charges for simple drug possession.
In his opinion, Minister Jolin-Barrette states that it is in continuity with this new federal legislation that he considered it appropriate to formulate a guideline to regulate the discretion of prosecutors in matters of simple drug possession.
Police officers kept in the darkThe Laval Police Service has not been notified of the change in the DRO-1 directive that affects the prosecution of charges at the DPCP, the police force told Radio-Canada. The Service's directive remains the same, so the way officers work is unchanged.
The same answers were received by the police services of Montreal, Gatineau, Sherbrooke, Châteauguay and Granby.
SPVM officers patrol the streets of Montreal in August 2023.
The police continue to enforce the law and report cases of simple possession to the DPCP, even if the latter may not follow up on these files.
Police should have been notified, says Line Beauchesne, a professor in the Department of Criminology at the University of Ottawa, whose research focuses on drugs.
It means that the police do a lot of work for nothing. They have 1000 other things to do than useless interventions.
A quote fromLine Beauchesne, Professor, Department of Criminology, University of OttawaIt's absurd not to notify the police, the first people concerned, according to Jean-Sébastien Fallu, a professor at the Université de Montréal and a regular researcher at the Institut universitaire sur les addictions du Québec. CIUSSS Centre-Sud-de-l'Île-de-Montréal.
Jean-Sébastien Fallu.
According to him, the government does not want this to be known, because this progressive measure may not please the electorate of the Coalition Avenir Québec (CAQ).
The information published in the Official Gazette is accessible to all, says Minister Simon Jolin-Barrette's office.
The Quebec Ministry of Public Security told us that the changes made by DRO-1 have no impact on police practices and do not have the effect of reducing the number of files submitted by police forces to the DPCP.
The City of Montreal and regional public health not informed
According to our information, the City of Montreal has also not been notified by the Quebec government of the diversion of simple drug possession. The city is in favour of such a change and even defends the idea of decriminalization.
In turn, the Direction régionale de la santé publique de Montréal informs us that it has not been formally informed of this directive that diversion simple drug possession in Quebec. However, our teams have heard the echoes of this over the past few months.
Disagreement over the vocabulary to be usedThe office of the Quebec Minister of Justice talks about diversion, but the DPCP does not use this term.
In 2023, the DRO-1 directive added criteria for prosecutors to assess the advisability of prosecuting, in addition to the assessment factors already provided, explains Lucas Bastien, criminal and penal prosecutor.
The DRO-1 directive is therefore not a directive not to lay charges in cases of simple possession of narcotics.
A quote fromLucas Bastien, spokesperson for the DPCPFor her part, Professor Line Beauchesne prefers to talk about soft decriminalization or unassumed decriminalization.
Line Beauchesne, Professor of Criminology at the University of Ottawa.
As for researcher Jean-Sébastien Fallu, he believes that the change made by Quebec is a de facto decriminalization, referring to the definition of the Institut national de santé publique du Québec (New window) (INSPQ).
In any case, everyone agrees that Quebec's action does not have the same scope as the decriminalization pilot project operated by Colombia last year, in which police officers are engaged. And we are still far from the legalization stage where a lifting of the ban would be enshrined in law.
What effect on the ground?Rabih Habib, a criminal lawyer from Laval, says he is happy to learn of the existence of this new directive. "I'm thinking of individuals who have problems with drug use and dependence [...], it risks limiting the laying of simple possession charges," he says.
Canada is changing and in general it is changing for the better with a vision of social rehabilitation, so we can only applaud.
A quote fromRabih Habib, Laval criminal lawyerWe have tried to determine whether, in the past year, the new directive has had the effect of reducing the number of charges for simple possession, but the DPCP refused our request for access to the documents, on the pretext that it would lead to calculations.
At the Service de police de la Ville de Montréal (SPVM), a source indicates that police officers were no longer arresting people for simple drug possession. Criminalizing these people will not solve anything. They need services and support, it is stressed.
A man takes drugs in front of the front door of a condo building in Montreal, nicknamed "Crack Alley" by residents.
Officially, the SPVM replied that police officers are called upon to show discernment, compassion and tolerance in certain specific situations.
It should be noted that in the case of simple possession, the SPVM supports decriminalization from a harm reduction perspective.
A quote fromService de police de la Ville de MontréalHowever, this will have to be accompanied by additional resources and measures to help people with substance use problems, says the SPVM.
The Montreal police force adds that in terms of repression, our investigations are oriented towards traffickers and criminal networks.
In Ottawa, the police now admit it bluntly, they do not intervene on drug users, unless they are violent. And, according to information obtained by Radio-Canada, last year, The police have even taken to turning a blind eye to small-time drug dealers (New window).
With the collaboration of Aude Garachon
Simple possession of drugs, i.e. possession without the intention of trafficking, has been de facto diverted since last year. The office of the Quebec justice minister confirmed to Radio-Canada the information first reported by Le Devoir on Monday.
The change has not been the subject of any publicity or media coverage. Neither the health and social services network nor the police were informed. However, it was a formal request from Montreal Public Health and the Service de police de la Ville de Montréal (SPVM).
In the opinion, published on the sly in the Official Gazette of 24 April 2023 (New window), Minister Simon Jolin-Barrette plans to use diversion measures.
The Minister of Justice, Simon Jolin-Barrette
In summary, the Notice recommends that prosecution for simple possession of drugs be initiated only in circumstances that pose a risk to public safety or when the possession is accompanied by another offence.
Previously, simple possession of any drug, in any quantity, was punishable.
On April 25, 2023, the day after the Minister's opinion, the Director of Criminal and Penal Prosecutions (DPCP) amended its "DRO-1" directive, intended for prosecutors. The new document (New window), provided to Radio-Canada by the DPCP, details the circumstances to be considered, which did not appear in the The original directive (New window).
Criminal charges are recommended when simple possession of drugs is found in the presence of minors, while driving, in a context of violence, in the presence of a weapon, in connection with a criminal group or if it poses a worker safety issue.
The DPCP specifies that prosecution can be initiated if the offender does not show a desire to stop drug use.
In addition, the DPCP recommends criminal charges if simple possession of drugs is committed in circumstances that disturb the public peace or compromise the sense of safety of residents and people who frequent a neighbourhood.
In June 2022, the Canadian Parliament passed Bill C-5, which provides for the use of treatment programs or other support services instead of laying charges for simple drug possession.
In his opinion, Minister Jolin-Barrette states that it is in continuity with this new federal legislation that he considered it appropriate to formulate a guideline to regulate the discretion of prosecutors in matters of simple drug possession.
Police officers kept in the darkThe Laval Police Service has not been notified of the change in the DRO-1 directive that affects the prosecution of charges at the DPCP, the police force told Radio-Canada. The Service's directive remains the same, so the way officers work is unchanged.
The same answers were received by the police services of Montreal, Gatineau, Sherbrooke, Châteauguay and Granby.
SPVM officers patrol the streets of Montreal in August 2023.
The police continue to enforce the law and report cases of simple possession to the DPCP, even if the latter may not follow up on these files.
Police should have been notified, says Line Beauchesne, a professor in the Department of Criminology at the University of Ottawa, whose research focuses on drugs.
It means that the police do a lot of work for nothing. They have 1000 other things to do than useless interventions.
A quote fromLine Beauchesne, Professor, Department of Criminology, University of OttawaIt's absurd not to notify the police, the first people concerned, according to Jean-Sébastien Fallu, a professor at the Université de Montréal and a regular researcher at the Institut universitaire sur les addictions du Québec. CIUSSS Centre-Sud-de-l'Île-de-Montréal.
Jean-Sébastien Fallu.
According to him, the government does not want this to be known, because this progressive measure may not please the electorate of the Coalition Avenir Québec (CAQ).
The information published in the Official Gazette is accessible to all, says Minister Simon Jolin-Barrette's office.
The Quebec Ministry of Public Security told us that the changes made by DRO-1 have no impact on police practices and do not have the effect of reducing the number of files submitted by police forces to the DPCP.
The City of Montreal and regional public health not informed
According to our information, the City of Montreal has also not been notified by the Quebec government of the diversion of simple drug possession. The city is in favour of such a change and even defends the idea of decriminalization.
In turn, the Direction régionale de la santé publique de Montréal informs us that it has not been formally informed of this directive that diversion simple drug possession in Quebec. However, our teams have heard the echoes of this over the past few months.
Disagreement over the vocabulary to be usedThe office of the Quebec Minister of Justice talks about diversion, but the DPCP does not use this term.
In 2023, the DRO-1 directive added criteria for prosecutors to assess the advisability of prosecuting, in addition to the assessment factors already provided, explains Lucas Bastien, criminal and penal prosecutor.
The DRO-1 directive is therefore not a directive not to lay charges in cases of simple possession of narcotics.
A quote fromLucas Bastien, spokesperson for the DPCPFor her part, Professor Line Beauchesne prefers to talk about soft decriminalization or unassumed decriminalization.
Line Beauchesne, Professor of Criminology at the University of Ottawa.
As for researcher Jean-Sébastien Fallu, he believes that the change made by Quebec is a de facto decriminalization, referring to the definition of the Institut national de santé publique du Québec (New window) (INSPQ).
In any case, everyone agrees that Quebec's action does not have the same scope as the decriminalization pilot project operated by Colombia last year, in which police officers are engaged. And we are still far from the legalization stage where a lifting of the ban would be enshrined in law.
What effect on the ground?Rabih Habib, a criminal lawyer from Laval, says he is happy to learn of the existence of this new directive. "I'm thinking of individuals who have problems with drug use and dependence [...], it risks limiting the laying of simple possession charges," he says.
Canada is changing and in general it is changing for the better with a vision of social rehabilitation, so we can only applaud.
A quote fromRabih Habib, Laval criminal lawyerWe have tried to determine whether, in the past year, the new directive has had the effect of reducing the number of charges for simple possession, but the DPCP refused our request for access to the documents, on the pretext that it would lead to calculations.
At the Service de police de la Ville de Montréal (SPVM), a source indicates that police officers were no longer arresting people for simple drug possession. Criminalizing these people will not solve anything. They need services and support, it is stressed.
A man takes drugs in front of the front door of a condo building in Montreal, nicknamed "Crack Alley" by residents.
Officially, the SPVM replied that police officers are called upon to show discernment, compassion and tolerance in certain specific situations.
It should be noted that in the case of simple possession, the SPVM supports decriminalization from a harm reduction perspective.
A quote fromService de police de la Ville de MontréalHowever, this will have to be accompanied by additional resources and measures to help people with substance use problems, says the SPVM.
The Montreal police force adds that in terms of repression, our investigations are oriented towards traffickers and criminal networks.
In Ottawa, the police now admit it bluntly, they do not intervene on drug users, unless they are violent. And, according to information obtained by Radio-Canada, last year, The police have even taken to turning a blind eye to small-time drug dealers (New window).
With the collaboration of Aude Garachon
