Pubdate: Mon, 29 Sep 2008 Source: Victoria Times-Colonist (CN BC) Copyright: 2008 Times Colonist Contact: http://www.canada.com/victoriatimescolonist/letters.html Website: http://www.canada.com/victoriatimescolonist/ Details: http://www.mapinc.org/media/481 Author: Louise Dickson, Times Colonist Cited: Portland Hotel Society http://www.communityinsite.ca Bookmark: http://www.mapinc.org/topic/Charter+of+Rights Bookmark: http://www.mapinc.org/topic/Insite (InSite) Bookmark: http://www.mapinc.org/people/Ian+Pitfield Bookmark: http://www.mapinc.org/find?142 (Supervised Injection Sites) Bookmark: http://www.mapinc.org/people/Tony+Clement ADDICT'S ARREST VIOLATED CHARTER, LAWYER ARGUES Insite Ruling on Right to Health Care Cited A Victoria defence lawyer is arguing that the charter rights of a homeless heroin addict were violated when he was arrested with a needle in his hand in a secluded parking lot off Herald Street in June 2006. Wayne Charters was poised to inject 0.3 millilitres of morphine into his arm when he was arrested by Victoria police. Charters, now 44, was charged with possession of a controlled substance. He is pleading not guilty to the offence. Lawyer Katherine Tyhurst is arguing that Charters's right to life and security under the Charter of Rights and Freedoms is being threatened because the Controlled Drug and Substances Act does not recognize his drug addiction as a health issue. Tyhurst also maintains Charters's rights were violated because he does not have access to a supervised injection site like Vancouver's Insite. "How can someone's conduct be criminal in Victoria, but not in Vancouver where drug addicts have access to Insite?" she asked. Charters was injecting $7 worth of morphine, the amount required to stop addiction sickness, Tyhurst said. He was not injecting the drug to get high, she added. Police didn't find any other drugs when they searched him that night. "Addiction is an illness," Tyhurst said. "Addicts have a continuing need to consume that substance." The trial, which began in Victoria provincial court last week, was adjourned until March 16. Prior to the adjournment, Charters, who has since turned his life around, testified that if Victoria had a safe injection site, he wouldn't have been in the parking lot. Crown prosecutor Peter Eccles said he hasn't decided what position he will take on the matter. Tyhurst's defence is based on a recent B.C. Supreme Court ruling by Justice Ian Pitfield that Insite can stay open indefinitely because it provides a form of health care to which drug users have a right. In his May 28 judgment, Pitfield called drug addiction an illness and said Canada's possession and trafficking laws, from which the injection site has to get an exemption to operate, are too broad and arbitrary to deal with people who are addicted. The law on possession "contributes to the very harm it seeks to prevent. It is inconsistent with the state's interest in fostering individual and community health, and preventing death and disease," Pitfield wrote. Addicts should not be denied a form of health-care treatment, Pitfield said. He pointed out that people who drink alcohol or smoke tobacco aren't denied treatment. "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," he wrote. Federal Health Minister Tony Clement immediately appealed the decision. However, the B.C. government is fighting to keep Insite legal and will take on the federal government when the case goes to appeal in April. The province plans to file a formal argument in October, when the federal government and the Portland Hotel Society, which runs Insite, file their arguments. "The attorney general will appear to speak to the exclusive provincial jurisdiction over the delivery of community health services and the importance of permitting provinces to experiment and innovate in response to local health concerns," a spokesman for the B.C. Health Ministry said in an e-mail. On Thursday, Victoria Mayor Alan Lowe said the city is still interested in establishing a pilot project with multiple safe injection sites in conjunction with other social service agencies in the city, but "the door appears to be shut" by the federal government's position. Although some police forces don't normally charge people for simple possession of heroin, Sgt. Grant Hamilton said Victoria police enforce all sections of the Criminal Code, including those involving addicts in possession of drugs. "Until there are amendments to the Criminal Code that will not change," Hamilton said. - --- MAP posted-by: Richard Lake