Pubdate: Wed, 22 May 2013
Source: Vancouver Sun (CN BC)
Copyright: 2013 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: James Keller

DRUG USERS SUE OVER BYLAW BANNING NEEDLE EXCHANGE

Three injection drug users filed a lawsuit on Tuesday over an 
Abbotsford bylaw that has banned harm-reduction services such as 
clean needle exchanges for the past eight years, arguing the 
prohibition violates their Charter rights and needlessly puts them at risk.

The lawsuit comes as councillors in the Fraser Valley community study 
the future of the bylaw, which health officials say is preventing 
them from providing harm-reduction services in an area with some of 
the province's highest rates of overdoses and infections of HIV and 
hepatitis C.

Scott Bernstein of Pivot Legal Society, which filed the lawsuit on 
behalf of the trio, says council's work has dragged on for three 
years with no indication about when - or even if - the city will 
repeal the bylaw.

"From my clients' perspective, every day that this bylaw is on the 
books, it's putting their lives and their safety at risk," Bernstein said.

"Every indication is that this council is dragging its feet and not 
moving quickly. It sees no urgency in solving this."

The lawsuit involves Douglas Smith, Nadia Issel and Diana Knowles, 
who all live in Abbotsford and use injection drugs, according to 
their statement of claim. The B.C./Yukon Association of Drug War 
Survivors is also listed as a plaintiff.

In 2005, city council approved a zoning bylaw that bans needle 
exchanges and safe-injection sites within the city. The bylaw was 
passed amid the debate over the supervised-injection site in nearby 
Vancouver, which opened the previous year.

The city began reviewing the bylaw in 2010 and has since ordered a 
series of studies and public consultations.

In March, council directed city staff to prepare a draft bylaw that 
would remove the harm-reduction ban, although it is not clear when it 
will return to council for debate or a vote. A public hearing is 
expected in the fall.

Community groups have been quietly contravening the bylaw for years, 
passing out clean needles, crack pipes and other supplies without any 
attempt by the city to shut them down. But the bylaw has stopped the 
local health authority from implementing a formal, publicly funded 
harm-reduction program.

The Fraser Health Authority presented a plan to the council last year 
that proposed phasing in a needle-exchange program over several 
years. However, the health authority made it clear it cannot act with 
the bylaw still in place.

"If we're talking about other kinds of health care, like getting 
insulin for your diabetes or getting your broken leg set, we don't 
rely on people doing things in back alleys or doing them under the 
radar," said Bernstein. "The bylaw has created a chilling climate, 
where the health authority can't deliver the most effective and 
cost-effective health care that it has identified that it needs to deliver."

The statement of claim alleges the bylaw violates several sections of 
the Charter of Rights and Freedoms by increasing the risks to 
injection drug users and by discriminating against addicts. The 
lawsuit also argues the city does not have jurisdiction to pass 
bylaws that affect the delivery of health care, which is a provincial 
responsibility.

Neither the city's mayor nor deputy mayor could be reached for 
comment. Mayor Bruce Banman has previously said he supports removing 
the harm-reduction ban, although he has insisted any attempt to 
introduce a needle-exchange program must also include detox and 
treatment programs.
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MAP posted-by: Jay Bergstrom