Pubdate: Thu, 03 Jul 2008
Source: Globe and Mail (Canada)
Copyright: 2008 The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: James Keller, Canadian Press
Bookmark: http://www.mapinc.org/find?142 (Supervised Injection Sites)
Bookmark: http://www.mapinc.org/topic/insite (Insite)

BATTLE OVER INSITE EXPECTED TO GO TO SUPREME COURT

VANCOUVER -- The future of Vancouver's controversial 
supervised-injection site is likely headed for the Supreme Court of 
Canada, says the lawyer representing a group fighting to keep the 
facility open. Ottawa has filed its appeal of a B.C. Supreme Court 
decision that struck down sections of federal drug laws and ensures 
Insite will remain open as a constitutionally protected health-care service.

But lawyer Monique Pongracic-Speier predicts the case won't be 
settled at the B.C. Court of Appeal, regardless of the outcome.

"I think there is a realistic chance that this will go up to the 
Supreme Court of Canada," Ms. Pongracic-Speier said in an interview yesterday.

"It's an extremely important constitutional issue and it is an issue 
that I believe the Supreme Court of Canada would find has a national interest."

Insite opened in the city's troubled Downtown Eastside as a pilot 
project in 2003 under a special exemption from federal drug laws, but 
Ottawa had refused to say whether it would extend the exemption after 
it expired at the end of last month.

In a May 27 decision, B.C. Supreme Court Justice Ian Pitfield ruled 
that federal drug laws prohibiting drug trafficking and possession 
are unconstitutional and gave the federal government a year to rewrite them.

Judge Pitfield said laws that prevent people suffering from the 
disease of addiction from accessing such a service infringe on their 
right to life, liberty and security of the person.

Within days of the decision, federal Health Minister Tony Clement 
announced his intention to appeal and made it clear Ottawa wants the 
facility shut down.

Documents filed with the B.C. Court of Appeal last month don't list 
the government's specific reasons for seeking to overturn the 
decision, but ask that the Supreme Court ruling be set aside.

In the meantime, Ms. Pongracic-Speier said the facility will remain open.

"Insite's operations will not be affected unless and until the 
decision of the B.C. Supreme Court is overturned by a higher court," she said.

The two groups that initially launched the court challenge filed 
their own appeal of the decision.

While Judge Pitfield ruled that it would be unconstitutional to force 
Insite to close, he rejected the plaintiffs' arguments that the 
facility should be exclusively under provincial jurisdiction because 
it is a health-care facility.

The site, which sees an average of 600 users each day, allows addicts 
to bring their own drugs to inject under the supervision of medical staff.

The site has a long list of supporters, including the city's mayor 
and police chief, but opponents claim the site promotes drug use by 
facilitating addiction.

New Democrat MP Libby Davies, whose riding includes Insite, said the 
federal government's appeal is purely political.

"It's not based on any evidence or any public policy issue, so I 
think that it's a colossal waste of time," Ms. Davies said.

"Insite is part of the solution; it's not part of the problem. Why 
would the federal government spend all of this time and money to 
fight a battle they're going to lose anyway?"
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