Pubdate: Fri, 24 Apr 2009
Source: Vancouver Courier (CN BC)
Copyright: 2009 Vancouver Courier
Contact:  http://www.vancourier.com/
Details: http://www.mapinc.org/media/474
Author: Mike Howell
Bookmark: http://mapinc.org/topic/insite
Bookmark: http://www.mapinc.org/find?142 (Supervised Injection Sites)

COURT TO DECIDE FUTURE OF INJECTION SITE

Federal Government Takes Insite Case To B.C. Court Of Appeal

The federal government goes to court Monday in its fight to overturn 
a B.C. Supreme Court decision that allowed the city's supervised drug 
injection site to operate indefinitely.

The appeal is in response to B.C. Supreme Court Justice Ian 
Pitfield's ruling in May 2008 that granted staff and users of Insite 
on East Hastings a constitutional exemption from the country's drug laws.

The facility, which opened in September 2003 under the approval of 
the former Liberal government, was scheduled to close June 30, 2008. 
Pitfield ruled that a section of Canada's drug laws was 
unconstitutional when applied to addicts using the injection site. He 
said the facility could remain open indefinitely.

In the meantime, the federal government was to rewrite its laws to 
allow for medical use of illegal drugs at Insite. The deadline is 
June 30, but the government is expected to ask for an extension in 
court next week. "While there is nothing to be said in favour of the 
injection of controlled substances that leads to addiction, there is 
much to be said against denying addicts health care services that 
will ameliorate the effects of their condition," Pitfield wrote. 
"Society does that for other substances such as alcohol and tobacco."

The federal government has argued the country's drug laws, or the 
Controlled Drugs and Substances Act, are not subject to a "reading down."

The government also emphasized that Insite only operates lawfully 
because of ministerial exemptions granted under section 56 of the 
country's drug laws.

Conservative government politicians, particularly Tony Clement, who 
was the federal health minister at the time of Pitfield's decision, 
were surprised, if not incensed by the ruling.

In an August 2008 speech to the Canadian Medical Association, Clement 
said Insite offered "no hope" for drug users and called it a failure 
of public policy. "Insite may slow the death spiral of a deadly drug 
habit, but it does not reverse it," he said. "I do not regard this as 
a positive health outcome."

The PHS Community Services Society and the Vancouver Area Network of 
Drug Users initiated the case against the government.

The PHS operates Insite under a contractual agreement with Vancouver 
Coastal Health. The drug users' group represents the estimated 12,000 
intravenous drug users in Vancouver.

Several peer-reviewed studies published in international medical 
journals concluded Insite is reducing the spread of infectious 
disease and leading some addicts to counselling, treatment and 
housing. No one has died of a drug overdose at the facility, which 
has recorded more than 1.2 million injections.

Since the fall of 2007, staff has referred users to Onsite, a detox 
centre occupying two floors above Insite. It has a total of 30 beds 
and includes health care and counselling. It costs $1 million 
annually to operate.

Insite, which costs $2.8 million a year to operate, opened in 
September 2003 as a three-year scientific experiment. The 
Conservative government extended the operating licence twice before 
Pitfield ruled last year to keep it open. Insite is the only legal 
injection site in North America.
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MAP posted-by: Jay Bergstrom