Prosecuting Overdose: Manslaughter Charges Against People Who Use, Share, and Sell Drugs in Canada

Original research
by
Michaud, Liam

Release Date

2024

Geography

Canada

Language of Resource

English

Full Text Available

Yes

Open Access / OK to Reproduce

Yes

Peer Reviewed

Yes

Objective

This study examines the recent proliferation of manslaughter charges and subsequent prosecutions brought against people who have shared, sold, or provided drugs that have led to overdose death in Canada. 

The abstract of this paper is also available in French.

Findings/Key points

The analysis finds that the vast majority of those who face manslaughter charges are engaged in the lowest tiers of the drug trade, are themselves people who use drugs, and are often intimately known to the deceased. Messaging by police, prosecutors and the courts mobilize the overdose crisis as rationale for these charges and prosecutions, positioning them as a form of redress to impacted communities. This phenomenon illustrates how punitive criminal legal responses to the overdose crisis have deepened alongside the retreat of criminal law in other circumstances, contradicting claims of a therapeutic turn in Canadian drug policies.

Design/methods

The research presented here comprises a documentary analysis of three textual sources, including news media coverage, Access-to-Information and Freedom-of-Information requests of materials from criminal legal institutions, and court records (e.g., criminal trial rulings and sentencing decisions). 

Keywords

Advocacy
About people who sell drugs
About PWUD
Decriminalization/legalization
Crime
Legal system/law enforcement
Policy/Regulatory
Overdose