Canada - InSite Safe Injection Site Wins In BC Supreme Court

[RaverHippie]

Found an interesting article and was glad to see the courts rule in favor of a new harm-reduction institution.

Media Release - Vancouver - InSite’s legal status became more certain today as the BC Supreme Court ruled in favour of InSite’s operator the PHS Community Services Society in their case against Stephen Harper’s legal team. Vancouver’s supervised injection site received a “constitutional exemption” from the Honourable Justice Pitfield, stating Canada’s Controlled Drugs and Substances Act is inconsistent with section 7 of the Charter of Rights and Freedoms.

www.vch.ca/sis


Justice Pitfeild specifically stated in his 57 page judgement today that it is “incontrovertible that addiction is an illness” and that is clear that those that use InSite “are not engaged in recreational drug use.”
InSite’s operator, the PHS Community Services Society, who initiated the case in August of 2007 welcomed the decision, which lands as a blow to the Stephen Harper’s well financed Hunter Litigation legal team.


“The BC Supreme Court has now confirmed what doctors and nurses have known for many years, that addiction is a health care issue, and that InSite is a vital part of how our health care system treats this tragic disease,” said Liz Evans, Executive Director of the PHS Community Services Society.
Justice Pitfield’s decision states that section 4.1. and 5.1 of Canada’s Controlled Drugs and Substances Act are in no force in effect as long as the staff continuing operating InSite in the same manner as has been the case since InSite opened in September 2003.


“Since InSite opened there have been more than 1 million injections take place under the supervision of nurses, there have been close to 1000 overdose interventions prevented, and not one single fatality,” said Liz Evans. “Further, the independently peer reviewed research has concluded that InSite has indeed saved lives, prevented drug overdose deaths, reduced the spread of disease, limited public disorder, and moved more people in to detox and addiction treatment.”


“We really want Stephen Harper to do the right thing and keep InSite saving lives,” said Mark Townsend of the PHS. “The Premier agrees, BC’s Minister of Health agrees, Vancouver’s Mayor and Chief of Police Agree, and now the BC Supreme Court agrees.”


The Court decided that the application of the federal drug laws to InSite deprives injection drug users – whom the Court recognized are people with serious “illnesses” -- of their rights to life, liberty and security of the person, and not in accordance with the principles of fundamental justice. Justice Pitfield held that the law is arbitrary because it is “inconsistent with the state’s interest in fostering individual and community health, and preventing death and disease”.


The Court struck down the provisions of the Controlled Drugs and Substances Act that deal with possession and trafficking, but suspended the declarations of invalidity for one year to allow Parliament to bring the law into compliance with the Constitution, and the Court’s reasons, which ensures InSite a permanent constitutional exemption.

Here's more information from the InSite website.

Insite – Supervised Injection Site
North America's first legal supervised injection site

Chill RoomVancouver Coastal Health (VCH) in partnership with the PHS Community Services Society opened North America’s first legal supervised injection site (Insite) scientific research pilot project in September 2003.

Since opening its doors, Insite has been a safe, health-focused place where people can go to inject drugs and connect with health care professionals and addiction services. It is an integral part of Vancouver Coastal Health’s continuum of care for people with addiction, mental illness and HIV/AIDS in the Vancouver community.
Operating Insite

To operate legally, Health Canada granted VCH a three-year operating exemption under Section 56 of the Controlled Drugs and Substances Act, and has provided $500,000 per year to support the scientific research pilot project. The BC Ministry of Health provided $1.2 million to renovate the former retail space, and provides operating funding through Vancouver Coastal Health.

[FuBai]

Another article can be found here