The Hamilton Police Service has announced that since January 2025, they have made a “significant shift” in how they respond to open illicit drug use in public spaces.
Police say that their updated approach “prioritizes health-focused intervention over criminal enforcement for individuals experiencing substance use disorder.”
Hamilton Police indicate that the new approach is in line with federal Bill C-5, which requires police and prosecutors “to consider alternative measures, including diverting individuals to addiction treatment programs, giving a warning or taking no further action, instead of laying charges or prosecuting individuals for simple possession of an illegal drug.”
The Government of Canada says that “research has demonstrated that terms of incarceration increase risks of recidivism, particularly for lower-risk offenders.”
Police say that the “core philosophy” of the new initiative is treating substance use “as a public health issue, not merely a criminal one.”
“While public drug use remains an offence under CDSA 4(1), the primary directive for Hamilton Police officers is to support individuals through education, voluntary treatment referrals, and de-escalation, only resorting to enforcement when necessary for public safety,” reads the police press release.
As part of the new initiative, Hamilton Police have partnered with St. Joseph’s Healthcare Hamilton and the Rapid Access Addiction Medicine (RAAM) clinic to offer individuals a pathway to substance use treatment.
Referrals made by Hamilton Police are prioritized.
There is also no criminal consequence for refusal of treatment under the program.
Officers may still lay charges if aggravating factors are present, such as threats to public safety, the presence of children nearby the open drug use, or if the person is suspected of other drug offences.
It should be noted that police still arrest the suspects before evaluating aggravating circumstances and deciding whether or not to proceed with enforcement or a referral.
Police say that, in the first 100 days of the program, 287 arrests were made for simple possession, and 65 individuals were referred to the RAAM clinic.
Only one person was charged solely with drug possession, while 14 individuals were charged with drug trafficking.
Hamilton Police Superintendent Dave Hennick commented on the program, saying, “We need to find a balance between public safety and compassion for those addicted to drugs.”
“We have heard loud and clear from local residents and businesses that open drug use cannot be tolerated in our community. Bill C-5 provides the framework to respond to those concerns with professionalism and empathy.”
“Open drug use on our streets is unacceptable and erodes public safety. While enforcing the law, we must also ensure that those struggling with addiction have a real opportunity to access support. This is about protecting our community while offering a path forward for those ready to seek help.”
Based in Hamilton, he reaches hundreds of thousands of people monthly on Facebook, Instagram, TikTok, and Twitter. He has been published in The Hamilton Spectator, Stoney Creek News, and Bay Observer. He has also been a segment host with Cable 14 Hamilton. In 2017, he received the Chancellor Full Tuition Scholarship from the University of Ottawa (BA, 2022). He has also received the Governor General’s Academic Medal. He formerly worked in a non-partisan role on Parliament Hill in Ottawa.
