Pubdate: Sun, 01 May 2005 Source: Ottawa X Press (CN ON) Copyright: 2005 Ottawa X Press Contact: http://www.ottawaxpress.ca/ Details: http://www.mapinc.org/media/330 Author: Julie Fortier IN THE CITY A Roundup Of Local News Who's on crack? Saying that he questions the legality of handing out free crack pipe kits at several clinics and organizations in Ottawa (which already hand out free needles to drug users), police chief Vince Bevan said he was taking his concerns all the way to the top. He is now waiting for a legal opinion from the federal Crown prosecutor about whether charges can be laid against anyone connected with the city's distribution of crack kits. But Richard Pearhouse, senior policy analyst for the AIDS Legal Network, says that's nonsense. "It sounds to me like he's using a weak legal argument to prop up his own personal concerns on the matter. This is not an informed legal argument." A clause under the Criminal Code that deals with drug paraphernalia makes strict exemptions for items that are used in "the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals." Without this clause, every doctor and nurse in Canada would be in jail, duh. Pearhouse says that this means clinics are allowed to hand out syringes, and "the distribution of unused crack smoking kits would be unlikely to attract criminal liability." Last Friday, because of Bevan's vocal concerns (and that of a few city councillors), the city held a debate as to whether the free crack pipe program should continue. Both Ottawa Mayor Bob Chiarelli and the city's Medical Officer of Health Dr. Robert Cushman felt that the decision to continue the program was the right one and the program got the green light to carry on. - --- MAP posted-by: Larry Seguin