2 families sue province, federal government over safe supply

The families of two teens who have struggled with drug use, one of whom died, are suing the B.C. government and the federal government, alleging that government-supplied regulated drugs fuelled their children's addictions. 

Denise Fenske, whose 17-year-old daughter Amelie North is currently in treatment for her addiction, and Greg Sword, whose 14-year-old daughter Kamilah Sword died of an overdose in 2022, are the plaintiffs in the lawsuit filed Wednesday in B.C. Supreme Court.

Amelie and Kamilah were close friends and both began using hydromorphone, sold under the brand name Dilaudid but known on the street as dillies, at age 14.

"She was doing dillies in her room at night by herself," Fenske told CBC News, speaking near her home in Coquitlam. "At that point, I knew we were in so much trouble."

The lawsuit alleges "Kamilah and Amelie relied on the negligent misrepresentations to begin consuming the safe supply drugs believing they were safe and they relied upon the negligent misrepresentations throughout the duration of their addictions."

The parents suspect the Dilaudid came from the government's safe supply program, diverted from those with a prescription to sellers on the street, though they have no way of being certain. 

The suit claims the federal and provincial governments have failed to monitor the safe supply program and have used the terms "'safe', 'safe supply', 'safer supply' or 'prescribed safer supply'" to "motivate" people to use those drugs.

No statement of defence has been filed. The attorney general's ministry said it has not been served the court documents and cannot comment on the case. 

Hydromorphone is the prescription opioid supplied to drug users as part of the government safe supply program, which aims to provide regulated drugs to separate people from toxic and deadly street drugs.

The safe supply program is endorsed by Provincial Health Officer Dr. Bonnie Henry and former B.C. Coroner Lisa Lapointe but it's come under fire after evidence that some people who receive hydromorphone are selling it, which is called diversion. 

The hydromorphone is in turn getting into the hands of organized criminals, who are selling hydromorphone to youth. 

Fenske says her daughter's story illustrates the risks of diversion.
   
"It's created a lot of addicts," she said.

Greg Sword says his motivation for joining the lawsuit is simple.

"Change. Our system is broken. Enough is enough. How many children do we need to lose to this policy that isn't working?"

Sword was told by the B.C. Coroners Service that Kamilah had cocaine, MDMA and hydromorphone in her system when she died. However, Sword was critical of the coroner's investigation, saying they did a toxicology report but not an autopsy.

The Current30:42One father’s story of losing his teen daughter to toxic drugs

Kamilah Sword was just 14 when she died after a drug overdose last year. Her dad Greg Sword tells us about the obstacles he faced getting Kamilah the help she needed, and why he doesn’t want her death to be in vain. Matt Galloway also asks B.C.’s Minister for Mental Health and Addictions Jennifer Whiteside how her government is addressing the “terrifying” fact that unregulated drugs are now the leading cause of death for youth in her province.

Both Premier David Eby and Henry have acknowledged that some diversion is happening. Eby has tasked Dr. Penny Ballem, as a special advisor on health, to look into adding a chemical tracker to hydromorphone pills to prevent diversion.

Eby was asked about the safe supply program during an unrelated press conference on Wednesday.

He did not comment on the court case but said: "The commitment I make to parents when I talk to them, to those who have lost loved ones ... is that our government will do everything we can to try and keep people alive so they have that opportunity when they have that moment of clarity to get into treatment."

The "prescribed alternatives program" is part of the government's efforts to prevent overdose deaths, Eby said, as is the expansion of addiction treatment services. 

"There's no question that part of the work that we're doing and that we need to continue to do is educate young people that there's no safe drug out there right now."

The lawsuit also claims that the free supply of prescription hydromorphone has caused an increase in the rates of opioid prescriptions, opioid hospitalizations and opioid related overdoses and deaths in British Columbia.

B.C. Green Party Leader Sonia Furstenau, however, pointed out that the B.C. Coroners Service has not found evidence that hydromorphone is causing an increase in overdose deaths or is leading to an increase in addiction among youth.

"Safe supply is a form of treatment," she said. "It is a part of the whole continuum of treatment that needs to be available to people."

The case is being submitted as a proposed class action lawsuit.

After the claim is filed, a judge must decide whether the case can proceed as a class action, which would allow other claimants to join the case.

If that happens, B.C. Conservative MLA Elenore Sturko, a staunch critic of the NDP government's safe supply program, says she's confident other families will join.

"The more people who have been harmed by the dangerously named safe supply or by the failure to protect people and warn them about the dangers of taking diverted drugs, I think that would be a good thing," Sturko said.

The allegations have not been proven in court.