Pubdate: Sat, 01 Oct 2011 Source: Vancouver Sun (CN BC) Copyright: 2011 The Vancouver Sun Contact: http://www.canada.com/vancouversun/letters.html Website: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Authors: Ian Mulgrew And Peter O'Neil, The Vancouver Sun; with files from Evan Duggan, Jeff Lee and Postmedia News INSITE WINS FIGHT TO STAY OPEN Ruling on Controversial Injection Site a Defeat in Harper Government's War on Drugs Vancouver's controversial Insite clinic for drug addicts can stay open, after a landmark decision by the Supreme Court of Canada that offered a sharp rebuke to one of the Conservative government's key law-andorder planks. The nine justices ruled unanimously Friday that citizens' health matters more than criminal anti-drug laws. They ordered an immediate exemption that will allow the facility on East Hastings Street to remain open. Their decision said that the federal drug law is valid, constitutional and applies to Insite, but the effect of denying addicts the services of Insite increased their risk of death and disease and that outweighed "any benefit of the criminal drug prohibition." Insite, which opened in September 2003, provides sanitary conditions for addicts while they inject drugs, medical supervision to help monitor for overdoses, clean needles and counselling for those seeking rehabilitation. Prime Minister Stephen Harper said he is disappointed but will comply with the ruling, which has thrown open the door across the country to new supervised injection sites, dubbed "shooting galleries" by conservative critics. HARPER DISAPPOINTED Harper has always opposed "harm reduction" approaches, such as clean needle exchanges and injection sites, preferring tough enforcement and prevention programs. "We're disappointed, we have a different policy," Harper told reporters in Quebec City. "We'll take a look at the decision, but we will clearly act in respect and within the constraints of the decision." He said it is "premature" to speculate on the possibility of other cities establishing supervised injection sites. "Obviously, it is going to lead to some changes in federal policy in order to respect the decision. "The preference of this government in dealing with drug crime is obviously to prosecute those who sell drugs and create drug addiction in our population and in our youth. "And when it comes to treating drug addiction, to try and do so though programs of prevention and treatment, rather than through the issues that were in front of this court in terms of so-called harm reduction." Delivered by Chief Justice Beverley McLachlin, the high court's decision said Ottawa's attempt to close Insite was "arbitrary" and undermined the protection of health and public safety, a violation of the Charter of Rights. "Insite was the product of cooperative federalism," the court said. "Local, provincial and federal authorities combined their efforts to create it. It was launched as an experiment. The experiment has proven successful. Insite has saved lives and improved health. And it did those things without increasing the incidence of drug use and crime in the surrounding area." Provincial Health Minister Mike de Jong said he was "gratified" the court recognized the benefits of Insite, but it would take him time to digest the judgment. "B.C. leads Canada in declining HIV rates," de Jong said. "The court has attached an appropriate amount of importance to the therapeutic benefits of Insite." But he would not speculate on whether other sites might open across the province. "The answer to that question ultimately will rest on the advice we get from health authorities and clinical experts on where the model might lend itself. We will work with the federal government because any additional sites would require additional exemptions." POSITIVE REACTION Supporters of the clinic were overjoyed by the ruling. In Ottawa, ex-addict Dean Wilson, 55, told reporters gathering at the courthouse that he was able to end a lifelong addiction, thanks to Insite's detox centre and transitional housing complex. His name was on the court case in favour of keeping Insite open. "It's a validation of all the stuff we worked [for]... . It's a miracle," said Wilson, who said he's been fighting for 14 years to ensure Vancouver's addicts have a safe place to shoot up and seek help. The decision, made public shortly before 7 a.m. here, sparked an emotional reaction among the hundreds of supporters who gathered outside the clinic. "We won," someone shouted, prompting cheers, hugs and supportive horn-honks from drivers passing by. "This is the triumph of science over ideology," said lead lawyer for Insite, Joe Arvay. "It's not often the court speaks with a unified voice. The Supreme Court sent a very strong message to the government . and clearly the decision has implications beyond Insite." DISEASE IMPAIRS CONTROL Arvay predicted more clinics will open across the country. The ruling addressed the argument of some small-c conservatives that drug addicts have made a personal moral choice, and therefore shouldn't be assisted by the state in breaking the law. The judges said the ability to make choices must be weighed against the 2008 B.C. Supreme Court finding that addiction is a "disease in which the central feature is impaired control over the use of the addictive substance." The ruling also said "morality" is irrelevant when it comes to determining Charter rights. The decision ended a bitter and long-running battle between the Conservative government and those who support harm reduction policies instead of enforcement of the criminal drug laws. The clinic was approved under the former Liberal government of Prime Minister Jean Chretien and the Conservatives always opposed it, balking at the idea addiction is an illness best treated by doctors instead of jailers. In 2008, the B.C. Supreme Court ruled the province has the power to implement health programs regardless of the federal government's opposition; the B.C. Court of Appeal endorsed the ruling in January 2010. But the Supreme Court was very careful to say that wasn't right: The federal government had trumping authority and the drug laws did apply to Insite. In this case, however, the federal minister had wrongly exercised his discretion in 2008 by refusing to renew the Health Canada exemption that had permitted the facility to operate in contravention of criminal drug laws. Former Tory health minister Tony Clement said the facility and similar "harm-reduction" programs diverted money from proper addiction-treatment programs. Although controversial here, clinics similar to Insite operate in 70 cities in six European countries and Australia. The Vancouver Coastal Health Authority says there have been more than a million safe injections at the site with more than 1,400 overdoses but not a single death. The B.C. Centre for Excellence in HIV/AIDS maintains that since Insite opened, there's been a 30-per-cent increase in the number of addicts who enter detox. B.C. Liberal MP Hedy Fry, a physician who fought in cabinet to get Insite federal clearance in 2003, said the ruling is a clear rebuke of government policy. "Their 'war on drugs' has not worked in Canada and has proven to be an abject failure everywhere else in the world. Addiction is a medical problem and requires medical and public health solutions," she said. - --- MAP posted-by: Richard R Smith Jr.