不列颠哥伦比亚省最高法院法官裁定,两名被控贩毒的减害活动家胜诉,他们辩称其行为旨在减少有毒药物造成的危害。
A British Columbia Supreme Court judge has ruled in favour of two harm-reduction activists convicted of drug trafficking who argued they were doing it to reduce the harms caused by toxic drugs.
凯瑟琳·默里法官认定加拿大《管制药物和物质法》的部分条款违宪,并中止了对杰里米·卡利库姆(Jeremy Kalicum)和埃里斯·尼克斯(Eris Nyx)的定罪。
Justice Catherine Murray found parts of Canada's Controlled Drugs and Substances Act unconstitutional and stayed the convictions against Jeremy Kalicum and Eris Nyx.
默里表示,卡利库姆和尼克斯的同情俱乐部“药物使用者解放阵线”(DULF)减少了与有毒药物危机相关的危害,且未对社区或公共安全产生负面影响。
Murray said Kalicum and Nyx's compassion club, the Drug User Liberation Front (DULF), reduced the harms associated with the toxic drug crisis and did not negatively impact the community or public safety. Kalicum and Nyx were found guilty last year of drug trafficking after Vancouver police raided the club in 2023.
去年,在温哥华警方于2023年突袭该俱乐部后,卡利库姆和尼克斯被认定犯有贩毒罪。
Drug User Liberation Front founders found guilty of drug trafficking More stories from Vancouver-South Coast Murray said in court on Tuesday that the pair "selflessly" put themselves to the side for the cause. "Mr.
默里周二在法庭上称,两人“无私地”为了这一事业牺牲了个人利益。
Kalicum and Ms. Nyx have borne the burden of bringing a successful constitutional challenge, thereby doing the public interest a service at considerable personal cost," Murray said.
她指出,自2016年不列颠哥伦比亚省宣布公共卫生紧急状态以来,已有数千人死于有毒药物。
She noted thousands of people have died due to toxic drugs since the public health emergency was declared in B.C. in 2016.
默里去年曾将两人的定罪搁置,以审理宪法挑战,其律师主张强迫药物使用者依赖未经监管的街头药物违反了《权利与自由宪章》。
Murray put Kalicum and Nyx's convictions on hold last year to hear the constitutional challenge, where their lawyers argued that forcing drug users to rely on unregulated street drugs violates the Charter of Rights.
默里在当时的裁决中表示,尼克斯和卡利库姆试图挽救生命的初衷是好的,但在暗网上购买纯毒品并出售给会员的行为,并不属于允许药物储存和检测的豁免范围。
Murray said in her ruling then that Nyx and Kalicum's intentions were good as they tried to save lives, but that buying pure drugs on the dark web and selling them to members was not covered by an exemption that allowed for drug storage and testing.
她称这两人是希望推动变革的“激进者”,并清楚自己面临贩毒起诉的风险。
She said the two were "agitators" who wanted to make change and were aware that they ran the risk of a trafficking prosecution.
卡利库姆和尼克斯的律师曾辩称,关闭该俱乐部侵犯了受成瘾困扰者的权利,并增加了他们因使用未经监管的非法毒品而死亡的风险。
Kalicum and Nyx's lawyers had argued that closing the club violated the rights of those who are disabled by addiction and raised their risk of death from an unregulated, illicit drug supply.