On Trial for a Radical Approach to Reducing Drug Overdoses in British Columbia
The arguments ended Oct. 15 in the trial of Eris Nyx and Jeremy Kalicum, founders of the Drug User Liberation Front (DULF), a Vancouver-based “compassion club” that tends to operate outside the law and provide vital services to the most likely victims of poorly managed health crises. The two men face up to 40 years in prison for drug trafficking. But don’t twist it. This is not the run-of-the-mill case of cop-worship and community-destroying drugs that dominates the false American drug narrative. Nyx and Kalicum are heroes, and I’m ready to fight anyone who says otherwise.
I hung out with them the Saturday after the trial ended at the Ivanhoe Pub in Vancouver, even though alcohol is neither my drug nor their drug of choice. Your first impression is that this is a quirky and beautiful mash-up of Matthew McConaughey’s portrayal of Ron Woodroof in the film. Dallas Buyers Club. The carrot: Kalicum is sweet, charming and patient. The Staff: Nyx is intense, brutal, and doesn’t suffer fools gladly. The second impression is that these are deeply principled people. And third, you would be proud if either were your own child.
Just ask the stream of supporters who filled the courtroom during their trial. Or read one of the many articles published in respected media outlets like The guardian And The economist who highlighted their innovative approach to drug overdoses before their arrest on October 25, 2023. And that’s to say nothing of the lives they undoubtedly saved or the government hypocrisy they exposed.
The Canuck duo in their 30s formed DULF after becoming tired of seeing their family, friends and neighbors die of drug overdoses. Both had worked in and around organizations providing services to drug users long enough to see for themselves that most deaths were caused by contaminated substances from the illicit drug market, infamous for its unpredictable and sometimes toxic supply.
They also know that there will always be a subset of people, despite the risk, who will continue to seek out illicit drugs to get high. So when British Columbia authorities declared the rising death toll a public health emergency, primarily exploiting the situation to push the same tired abstinence interventions that created this mess, it was just too much to bear.
In December 2016, 161 people died from overdoses in British Columbia. It was the highest number of people ever killed in the province over a one-month period, prompting the government to proclaim a public health crisis. By August 2022, that number would rise to 169 people. So Nyx and Kalicum turned their idea into a full-fledged club in Vancouver’s Downtown Eastside, where fatal drug overdose rates are 15 to 25 times higher than the figures in the United States and the rest of Canada.
Nyx and Kalicum purchased heroin, cocaine and methamphetamine – the drugs most commonly linked to overdoses – from online sources known for offering high-quality drugs and tested the purchased products for purity before selling them at cost to their 47 DULF members. They explained that purchasing high-quality medications on the deep web is quite complicated, even for most people with stable employment and housing, let alone those without such basic needs. In keeping with best practices in social service delivery, they sought to meet club members where they were. This was the protocol from August 2022 to October 2023.
Their goal was to prevent overdoses by making medications free of dangerous contaminants available. And it worked. No compassion club members died during the 14-month period. Additionally, a detailed analysis of data collected during this period showed that club membership was even associated with a significant reduction in non-fatal overdoses. The International Review of Drug Policy recently published these results.
But even undeniable success is not safe from intransigent politicians who make drugs scapegoats for all of society’s ills. It’s one of the few issues on which Canadian liberals like Kevin Falcon and conservatives like Pierre Poilievre ardently agree they are wrong together. These pranksters successfully twisted DULF’s activities to make its opposition a cause celebre, claiming that it would inevitably lead to overdoses, homelessness, unemployment, among other intractable pre-existing problems in the Downtown Eastside.
Then, Vancouver police raided DULF, arrested Nyx and Kalicum, and closed their store, in October 2023.
The Crown argues it’s a simple case: Nyx and Kalicum were trafficking illegal drugs, period. But the evidence suggests it’s murkier than that.
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On the one hand, DULF diligently informed officials of its exploits every step of the way. A recording played during the trial, for example, revealed that Nyx and Kalicum spoke candidly with Vancouver police officers about their plans to buy drugs on the deep web before testing and selling them to DULF members. In another recording, police appeared to give tacit approval to the duo, responding that it was “great work you’re doing” before saying they were “happy to help in any way we can.”
On the other hand, DULF had obtained an exemption from Health Canada under the Controlled Drugs and Substances Act to test illegal drugs to determine their composition and purity as part of a strategy to reduce deaths resulting from contaminated drugs. Their lawyers argued that the exemption also allowed Nyx and Kalicum to supply drugs for the purpose of trafficking to members of their compassion club, in part because authorities knew of their intent to traffic when the exemption was granted.
Meanwhile, DULF has requested a broader exemption to buy and sell illegal drugs to its members. This is a logical next step to ensure that a safe supply of medicines is available. However, Health Canada rejected their request. DULF has appealed and is anxiously awaiting a final decision.
Sadly, at least two DULF members have died since Nyx and Kalicum were arrested and forced to close the doors of their compassion club.
Meanwhile, Health Canada boasts on its website that the federal government’s response to the overdose crisis is driven by “compassionate, evidence-based solutions that prioritize saving lives and reducing harm.” That’s about as convincing as the Trump administration’s claims that it would protect Americans from drug harm by attacking Venezuelan ships in the Caribbean Sea.
It’s true that British Columbia’s drug policies are generally more progressive than those of most other countries in the world, but they are wrong in this case.
Justice Catherine Murray of the Supreme Court of British Columbia will decide the fate of Nyx and Kalicum on November 7. Kalicum told me that if they are found guilty, they plan to vigorously appeal the decision and hope there will be an outpouring of public support. “After all, who can argue with saving lives?
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