A constitutional challenge by the founders of a Vancouver “compassion club” found guilty of drug trafficking is expected to begin today in the British Columbia Supreme Court.
Jeremy Calicum and Eris Nix were found guilty by a British Columbia Supreme Court judge earlier this month on charges of possessing cocaine, heroin and methamphetamine for the purpose of trafficking.
The decision states that “sentence will be deferred pending consideration of the constitutional issue.”
A post on DULF's website dated March 3, 2025, said its lawsuit seeks to prove that the section of the Controlled Drugs and Substances Act prohibiting possession for the purpose of trafficking is unconstitutional and “its enforcement is killing the very people it is intended to protect.”
It said the criminalization of alternatives to unregulated drug supplies forces users to rely on deadly street drugs that “disproportionately put lives at risk”.
The report said they also intend to argue that the law perpetuates discrimination against people with disabilities, including those with substance use disorders.
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DULF operated the “compassion club” from August 2022 to October 2023.
In 2021, the company asked Health Canada to allow it to buy heroin, cocaine and methamphetamine on the dark web before testing the drugs for adulterants and selling them to consumers through its “compassion club and fulfillment center.”
Health Canada rejected the application for an exemption from drug laws, saying the DULF plan posed too many risks to public health and safety. However, the group went ahead with it anyway, saying it would save lives.
The unauthorized operation drew political criticism, especially after it was revealed that it initially received $200,000 in public funding from the British Columbia government.
The operation was called off on October 26, 2023, when officers raided and arrested Calicum and Nix, who were later charged with human trafficking.
In her November 7 ruling, Justice Catherine Murray said the issue at trial was whether drug law exemptions granted by DULF allowed drugs to be possessed with intent to sell.
In his decision, Murray acknowledges that DULF was founded in response to the toxic drug crisis with the goal of distributing safe medications and reducing overdose deaths.
The decision said the exemption allowed Kalicum and Nyx to test drugs, package and label them, and provide supervised consumption of these substances, but it did not apply to the sale of tested drugs to members.
The latest statistics from the BC Coroners Service show that in September, 158 people in British Columbia died from an illicit drug overdose, which equates to about 5.3 deaths per day.
© 2025 The Canadian Press
