Today, a constitutional challenge is set to commence at the British Columbia Supreme Court involving the founders of a Vancouver “compassion club” who were recently convicted of drug trafficking.
Jeremy Kalicum and Eris Nyx were found guilty of possessing cocaine, heroin, and methamphetamine for trafficking purposes by a B.C. Supreme Court judge earlier this month. The conviction will be on hold pending the constitutional challenge.
According to a post on DULF’s website dated March 3, 2025, the legal challenge aims to prove that a section of the Controlled Drugs and Substances Act prohibiting drug possession for trafficking is unconstitutional and harmful. The post argues that criminalizing drug alternatives leads to the use of dangerous street drugs, posing a significant risk to users.
Additionally, DULF plans to argue that the law perpetuates discrimination against individuals with disabilities, including those with substance-use disorders. The “compassion club” operated by DULF was active from August 2022 to October 2023.
In a controversial move, DULF sought permission from Health Canada in 2021 to purchase heroin, cocaine, and methamphetamine from the dark web for testing and distribution to users. Despite Health Canada’s rejection due to public health concerns, DULF proceeded with its plan, claiming it would save lives.
The unauthorized operation faced backlash, especially after it was revealed that the group initially received $200,000 in public funding from the B.C. government. The operation came to an end on October 26, 2023, when law enforcement raided the premises and arrested Kalicum and Nyx on trafficking charges.
In her ruling on November 7, Justice Catherine Murray deliberated on whether the exemptions granted to DULF permitted the founders to possess drugs for sale. Murray acknowledged DULF’s mission to address the drug crisis by offering safe drugs to prevent overdoses but emphasized that their exemption did not cover selling the tested drugs to club members.
Recent data from the BC Coroners Service indicates that in September, 158 individuals in B.C. lost their lives due to illicit drug overdoses, averaging about 5.3 deaths per day.