Pubdate: Thu, 23 May 2013
Source: Abbotsford Times (CN BC)
Copyright: 2013 The Abbotsford Times
Contact:  http://www.abbotsfordtimes.com/
Details: http://www.mapinc.org/media/1009
Author: Rochelle Baker
Cited: Pivot Legal Society: http://www.pivotlegal.org/

DRUG USERS LAUNCH LAWSUIT

Take aim at Abbotsford's anti-harm reduction bylaw

A Vancouver legal advocacy group is backing a lawsuit by drug users
against the city of Abbotsford around its anti-harm reduction bylaw.

Pivot Legal Society held a rally at Abbotsford city hall Tuesday
afternoon to announce it's helping three injection drug users and the
BC/Yukon Association of Drug War Survivors file a human rights
complaint and a civil lawsuit against the municipality in provincial
Supreme Court.

Pivot lawyer Scott Bernstein said legal proceedings would go forward
despite Abbotsford city council's recent decision to amend the
controversial 2005 bylaw banning harm reduction services.

Council directed staff on March 25 to remove language in the bylaw
around harm reduction, following years of pressure from the Fraser
Health Authority and the Abbotsford chapter of the Drug War Survivors.

However, the timeline for the bylaw change is vague and the city has
dragged its feet for three years since receiving a written request
from Fraser Health to review the matter in 2010, said Bernstein.

Meanwhile, the Charter rights of illegal drug users to access health
care are violated by the bylaw that bans harm reduction measures such
as needle exchanges, medical marijuana dispensaries or supervised
injection sites.

"As long as the bylaw is on the books, my clients rights are being
infringed," he said.

"I don't have the sense there is a lot of urgency on the city's part
to do this."

When staff modifies the bylaw's language, it still has to be presented
again to council and undergo another public hearing, he added.

Health care shouldn't be subject to a "public vote" or influenced by
the stigma against people who use drugs, he said.

"Everyday [the bylaw] remains in place, people's lives are at risk,
and they risk catching deadly diseases and spreading those diseases to
other people," said Bernstein.

Fraser Health data indicates Abbotsford has a high rate of hepatitis C
infections, believed to be tied to addicts re-using dirty needles and
crack pipes.

The health authority has also argued harm reduction would decrease
overdoses and allow outreach workers to connect with addicts and
direct them to other programs, including detox and treatment.

Abbotsford Mayor Bruce Banman has previously said he favours a change
to the bylaw but that he wants more detox services from Fraser Health
in exchange.

Barry Shantz, of the B.C./Yukon Association of Drug War Survivors,
questioned if the city actually intends to make changes to its
anti-harm reduction stance.

"They won't give us something without getting something in return.
There's no meaningful conversation with the city," said Shantz.

"It's been three years since we first marched around here, and they
have utterly failed to see they have caused unnecessary suffering and
the spread of disease."

Along with amendments to the bylaw, staff were directed to develop a
good neighbour policy and agreement for needle exchange service
providers to mitigate impacts on the community and address public
nuisance, land use and law enforcement issues.

Any organization distributing needles will also be required to provide
other services.

Abbotsford and other municipalities don't have the right to limit or
shape illicit drug users access to health care services, said Bernstein.

"It is not up to the city to decide that people who use drugs are not
entitled to health care that is readily available in other parts of
the province," he said.

Other municipalities including Mission, Surrey and Coquitlam, have
also enacted zoning bylaws to control the location of methadone
dispensing sites.

By pursuing the challenge, the society and plaintiffs hope to clarify
harm reduction services are health care and outside of any
municipality's jurisdiction and zoning powers, said Bernstein.

"A lot of these amendments are due to public outcry and NIMBYism, and
we say that's just wrong," he said.

"Health services should be decided by health care experts not by
neighbours and politicians."

The amended bylaw and the good neighbour policy will be presented to
council within the next few months, and the public hearing will be
scheduled for the fall, according to city staff.

No one from the City of Abbotsford was available to comment on the
lawsuit.
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MAP posted-by: Matt