In a significant shift aimed at enhancing public safety while addressing the root causes of substance use, Hamilton Police Service has launched a new initiative targeting open illicit drug use in public spaces. The updated approach, aligned with federal legislation under Bill C-5, prioritizes health-focused intervention over criminal enforcement for individuals experiencing substance use disorder.
Click here to learn more about open drug use and the police response.
Beginning in January 2025, Hamilton Police officers began implementing a measured, compassionate response to public drug use, ensuring compliance with the Controlled Drugs and Substances Act (CDSA) while respecting the dignity and rights of those involved
The core philosophy of the new policy is simple: treat 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.
“We need to find a balance between public safety and compassion for those addicted to drugs,” says Superintendent Dave Hennick. “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.”
Key elements of the initiative include:
- Voluntary Referrals: Individuals found using illicit drugs in public may be offered a referral to services such as the St. Joesph’s Healthcare Hamilton RAAM (Rapid Access Addiction Medicine) clinic, where they can access confidential treatment, including medication-assisted options.
- No Criminal Consequence for Refusal: Individuals have the right to decline treatment without facing further legal penalties under this policy.
- Escalating Enforcement: Where aggravating factors are present—such as threats to public safety, presence of children, or association with other drug offences—officers may still lay charges in line with the CDSA.
Hamilton Police have partnered with St. Joseph’s Healthcare Hamilton and the RAAM (Rapid Access Addiction Medicine) clinic to offer individuals struggling with substance use a low-barrier pathway to treatment. Referrals made by Hamilton Police are prioritized, allowing RAAM clinic staff to quickly connect with clients, meet them where they are, and begin building a supportive path toward recovery. Front line officers will continue to assess each situation carefully. When encountering public drug use, officers will:
- Prioritize safety and assess any need for urgent medical aid.
- Arrest and inform individuals of their rights and the nature of the offence.
- Complete necessary background checks, evaluate aggravating circumstances, and either proceed with enforcement or initiate a referral.
- Officers will complete all relevant reports, including documentation of consent, and may also activate support from teams like Social Navigator.
Drugs found in these interactions will continue to be seized and processed according to Hamilton Police policies and procedures.
Since the launch of the program, Hamilton Police have seen encouraging results. In the first 100 days, officers made 287 arrests for simple possession, resulting in the seizure of illicit drugs. Fourteen individuals were charged with trafficking, and one was charged solely with simple possession. In addition, numerous weapons were recovered during enforcement efforts. Most significantly, 65 individuals were referred to the RAAM clinic—demonstrating early success in connecting people with health-focused supports.
"Open drug use on our streets is unacceptable and erodes public safety,” says Hennick. “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.”
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