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**flnastyax** · 09-07-2006, 12:02 AM

The Supreme Court will decide.

The future of a unique, supervised drug-injection site in Vancouver will be decided in the Supreme Court of Canada.

The Court said Thursday that it decide whether the federal government has authority to shut down the Downtown Eastside clinic - the first such clinic in North America to allow addicts to inject themselves with prohibited drugs under a nurse's supervision.

The case has turned into an important jurisdictional struggle between the province and federal governments.

In January, the B.C. Court of Appeal decided 2-1 that the province has jurisdiction over Insite for Community Safety since it provides addicts with health care, which is within provincial jurisdiction.

The court found that it was not necessary to rule on the facility's constitutional right to exist since it is a provincial responsibility. Its ruling upheld a 2008 trial decision by B.C. Supreme Court Justice Ian Pitfield, who found that the facility reduces the risk of death and disease for addicts, and the application of federal laws violated its clients' Charter rights to life, liberty and security of the person.

However, federal lawyers maintain that, while addicts need help, providing a safe injection site is the wrong way to go about doing it.

“Our national anti-drug strategy focuses on prevention and access to treatment for those with drug dependencies,'' federal Justice Minister Rob Nicholson said after the B.C. Court of Appeal ruling last January.

His statement prompted B.C. Health Minister Kevin Falcon to express disappointment with the federal government's opposition to a program that has had solid support in the medical community and in medical journals.

The $3-million Insite facility was opened in 2003 after it was specifically exempted from federal drug laws. Health Canada initially granted a three-year exemption under the Controlled Drugs and Substances Act to establish it as a scientific research project. The federal Conservative government objected to it in recent years, however, the province continued allowing the facility to operate.

In 2008, the Portland Hotel Society and the Vancouver Area Network of Drug Users launched a constitutional challenge of the federal government's power to close the facility, arguing the site saves lives and money.

Clinic supporters maintain that it is a cost effective way of preventing overdose deaths, limiting the spread of disease and moving more people into addiction treatment programs. Many of its participants are homeless, have serious mental health issues or disabling illnesses. Besides the drug injection service, it offers nursing care, nutritious meals and art therapy.

The appeal will be heard next fall at the earliest.

http://www.theglobeandmail.com/news/...rticle1616194/

Btw, why don't Conservatives use the "police can't be wrong" argument with regard to the gun registry? Our police support it but Conservatives don't.

09-07-2006, 12:02 AM	#13
flnastyax Join Date Oct 2005 Posts 454 Senior Member	The Supreme Court will decide. The future of a unique, supervised drug-injection site in Vancouver will be decided in the Supreme Court of Canada. The Court said Thursday that it decide whether the federal government has authority to shut down the Downtown Eastside clinic - the first such clinic in North America to allow addicts to inject themselves with prohibited drugs under a nurse's supervision. The case has turned into an important jurisdictional struggle between the province and federal governments. In January, the B.C. Court of Appeal decided 2-1 that the province has jurisdiction over Insite for Community Safety since it provides addicts with health care, which is within provincial jurisdiction. The court found that it was not necessary to rule on the facility's constitutional right to exist since it is a provincial responsibility. Its ruling upheld a 2008 trial decision by B.C. Supreme Court Justice Ian Pitfield, who found that the facility reduces the risk of death and disease for addicts, and the application of federal laws violated its clients' Charter rights to life, liberty and security of the person. However, federal lawyers maintain that, while addicts need help, providing a safe injection site is the wrong way to go about doing it. “Our national anti-drug strategy focuses on prevention and access to treatment for those with drug dependencies,'' federal Justice Minister Rob Nicholson said after the B.C. Court of Appeal ruling last January. His statement prompted B.C. Health Minister Kevin Falcon to express disappointment with the federal government's opposition to a program that has had solid support in the medical community and in medical journals. The $3-million Insite facility was opened in 2003 after it was specifically exempted from federal drug laws. Health Canada initially granted a three-year exemption under the Controlled Drugs and Substances Act to establish it as a scientific research project. The federal Conservative government objected to it in recent years, however, the province continued allowing the facility to operate. In 2008, the Portland Hotel Society and the Vancouver Area Network of Drug Users launched a constitutional challenge of the federal government's power to close the facility, arguing the site saves lives and money. Clinic supporters maintain that it is a cost effective way of preventing overdose deaths, limiting the spread of disease and moving more people into addiction treatment programs. Many of its participants are homeless, have serious mental health issues or disabling illnesses. Besides the drug injection service, it offers nursing care, nutritious meals and art therapy. The appeal will be heard next fall at the earliest. http://www.theglobeandmail.com/news/...rticle1616194/ Btw, why don't Conservatives use the "police can't be wrong" argument with regard to the gun registry? Our police support it but Conservatives don't.
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