Pubdate: Mon, 29 Oct 2007 Source: Province, The (CN BC) Copyright: 2007 The Province Contact: http://www.canada.com/theprovince/ Details: http://www.mapinc.org/media/476 Author: David Carrigg, The Province Cited: Dr. Peter Centre http://www.drpeter.org Cited: PHS Community Services Society http://www.communityinsite.ca Cited: Vancouver Coastal Health Insite http://www.vch.ca/sis/ Bookmark: http://www.mapinc.org/topic/Insite (Insite) Bookmark: http://www.mapinc.org/find?142 (Supervised Injection Sites) Bookmark: http://www.mapinc.org/topic/Downtown+Eastside Bookmark: http://www.mapinc.org/hr.htm (Harm Reduction) INSITE COULD RUN WITHOUT FEDS' OK Operators of Dr. Peter Centre Offering Similar Service Rely on Nursing Ethics VANCOUVER - Vancouver's largest supervised injection site does not need Health Canada's permission to operate, says the head of a smaller injection site that operates without federal permission. "A Section 56 exemption [of the Controlled Drugs and Substances Act] isn't needed," said Maxine Davis, head of the Dr. Peter Centre of Vancouver. "We've very confident of the position we're taking." The Dr. Peter Centre provides a supervised injection site for 50 of its 300 clients. Those clients are HIV-positive and some are homeless with mental-health and drug-addiction problems. The centre's injection site opened in April 2002, prior to the opening of the Insite supervised injection site in Vancouver's Downtown Eastside. Davis said the Dr. Peter Centre does not need Health Canada permission to operate because it is not part of a scientific study Insite is involved in. A Section 56 exemption was needed for the Insite study to be undertaken. Davis said she's confident her centre's facility is legal under the B.C. Nurses Act because of a nurse's duty of patient care. She said the same would apply to Insite, meaning it's not subject to Health Canada approval. The centre's supervised injection facility opened after two overdose deaths at the centre's old location at St. Paul's Hospital. "Supervision of injections in order to prevent illness and promote health is complying with [registered nursing practice] standards," Davis said. Insite was recently granted a six-month Section 56 exemption, allowing it to operate at least until June 2008. The facility was approved by the former Liberal federal government. The current Conservative government has taken a tougher legal stance on drug use and is not as supportive of harm-reduction measures. As a result, Insite's primary contractor, PHS Community Services Society, and three other parties are taking the federal government to court, arguing that closing the site would breach the constitutional right to life and security of people who use the site. PHS also argues Insite's operations should be controlled by the B.C. government, not Ottawa. The site is funded by the Vancouver Coastal Health Authority. Monique Pongracic-Speier, the lawyer representing PHS and two individuals in the claim, said the action was brought against the Attorney-General of Canada in August. The government filed its statement of defence last month. Pongracic-Speier is hopeful the matter will be dealt with in the Supreme Court of Canada prior to the expiry of Insite's exemption. "In my client's view, Insite is about local health care, not the Criminal Code or Controlled Drugs and Substances Act," she said. Pongracic-Speier will explain the constitutional challenge at a forum tonight -- 6 p.m., 319 Main St. -- being held to debate whether the federal government can legally close Insite or the Dr. Peter Centre. Clay Adams, of the Vancouver Coastal Health Authority, said the authority is Insite's formal operator and is not involved in the forum. Adams said the Section 56 exemption is required because the operation of the supervised injection site involves an illegal act. He said Insite has had a positive health impact in the Downtown Eastside, due to in part to an increase in detox referals and reduction in the amount of needles found on the streets. - --- MAP posted-by: Richard Lake