Pubdate: Wed, 28 May 2008 Source: Globe and Mail (Canada) Copyright: 2008, The Globe and Mail Company Contact: http://www.globeandmail.ca/ Details: http://www.mapinc.org/media/168 Author: Rod Mickleburgh, With reports from Sunny Dhillon, Cathryn Atkinson and Gloria Galloway Referenced: The ruling http://drugsense.org/url/IoeOUnAY Bookmark: http://www.mapinc.org/topic/Insite (Insite) SAFE-INJECTION CLINIC WINS LEGAL REPRIEVE VANCOUVER -- North America's only sanctioned safe-injection site for drug addicts won a major court victory yesterday, thwarting any chance of the federal Conservative government closing it down. Mr. Justice Ian Pitfield of the B.C. Supreme Court granted users and staff at the popular but controversial facility known as Insite a permanent constitutional exemption from prosecution under federal drug laws. Allowing addicts to inject their illegal drugs in a safe, medically supervised environment is a matter of sensible health care and they should not be under threat of being busted by police, the judge ruled. In so doing, Judge Pitfield also declared that sections of Canada's drug laws against possession and trafficking in illegal narcotics were unconstitutional. However, he gave the government until the end of June next year to redraft them in accordance with the Canadian Charter of Rights and Freedoms. The ruling is narrow in scope and not expected to lead to widespread loosening of the laws against heroin, cocaine, marijuana and other illegal drugs. But it was clearly a stunning reprieve for Insite. The fate of the facility in the heart of Vancouver's drug-ravaged Downtown Eastside had been up in the air over fears that federal Health Minister Tony Clement would withdraw its legal exemption at the end of June. Critics have accused the Tories of having an ideological bias against allowing the injection of illegal drugs such as heroin and cocaine despite numerous scientific reports extolling the positive benefits of Insite. But Judge Pitfield stripped the decision from Mr. Clement's hands, calling drug addiction an illness and applauding Insite's philosophy of harm reduction aimed at saving lives and curbing the spread of infectious diseases. "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 health care services that will ameliorate the effects of their condition," said Judge Pitfield in his landmark, 59-page decision. He rejected arguments from the federal lawyers that drug use was a matter of individual choice and it was up to the government whether addicts at Insite should be immune from prosecution. "Society cannot condone addiction, but in the face of its presence, it cannot fail to manage it, hopefully with ultimate success reflected in the cure of the addicted individual and abstinence," Judge Pitfield said. "Simply stated, I cannot agree with Canada's submission that an addict must feed his addiction in an unsafe environment when a safe environment that may lead to rehabilitation is the alternative." Supporters of Insite, which enjoys strong backing among politicians, police and health-care providers in the city, were overjoyed by the judgment. "It's very exciting, and a great relief for the staff," said Mark Townsend of the Portland Hotel Society, which helps operate Insite and brought the case before the courts. "This means they can now go about their business without some monkey on their back, stemming from some weird ideology in Ottawa." The addicts who crowd the facility every day now have one less thing to worry about, Mr. Townsend said. "This means we can stay open and hopefully there will be no more of this silliness from [the federal government]. It's all very exciting." Lawyer Monique Pongracic-Speier, who argued the case on behalf of several drug addicts and the Portland Hotel Society, said the ruling has the potential to be a real watershed in treating injection drug users. "Clearly, Canada has lost on this issue. The court accepted evidence that Insite provides a vital health care service to people who need it," Ms. Pongracic-Speier said. "To the best of my knowledge, this is the first ruling of its kind, certainly with respect to the use of heroin and cocaine." She added that the bold judgment by the court may open the door to similar facilities elsewhere in the country. Essentially, Judge Pitfield decided that applying federal drug laws to Insite users while they are at the facility interferes with their constitutional right to life, liberty or security. He outlined a litany of problems addicts face, including drug overdoses, HIV infection, syphilis and prostitution, all of which Insite attempts to curb. Once an individual is addicted to injection drugs, they are no longer using them for recreation, Judge Pitfield said. Their addiction becomes an illness that needs treatment. He compared their plight to alcoholics and those hooked on cigarettes, problems recognized by society even though the substances are legal. "Society neither condemns the individual who chooses to drink or smoke to excess, nor deprives that individual of a range of health care services," Judge Pitfield reasoned. "I cannot see any rational or logical reason why the approach should be different when dealing with the addiction to narcotics." A spokesman for Mr. Clement said the federal Health Minister is studying the decision and would have no immediate comment. Since Insite opened in 2003, more than a million injections have taken place at its 12 cubicles. The facility is open 18 hours a day, and staff describe it as the busiest such clinic in the world. - --- MAP posted-by: Richard Lake