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Locked containers for used needles can be seen hung on the walls of the injection booths at Insite in Vancouver, Tuesday, May 6, 2008. Insite is the first legal supervised injection site in North America and is located in Vancouver's east side. (THE CANADIAN PRESS/Jonathan Hayward)

Feds to appeal ruling on B.C. safe-injection site

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Power Play: MPs discuss safe injection sites
The Tories will take their fight against injection sites to the Supreme Court because they say it raises the issue of federal and provincial jurisdiction, but opposition MPs suggest the reason is 'disingenuous.'

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Locked containers for used needles can be seen hung on the walls of the injection booths at Insite in Vancouver, Tuesday, May 6, 2008. Insite is the first legal supervised injection site in North America and is located in Vancouver's east side. (THE CANADIAN PRESS/Jonathan Hayward)

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Locked containers for used needles can be seen hung on the walls of the injection booths at Insite in Vancouver, Tuesday, May 6, 2008. Insite is the first legal supervised injection site in North America and is located in Vancouver's east side. (THE CANADIAN PRESS/Jonathan Hayward)

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Date: Tue. Feb. 9 2010 9:27 PM ET

The federal government announced Tuesday that it will appeal a ruling by the B.C. Court of Appeal that said Vancouver's supervised safe-injection site can remain open.

On Jan. 15, the court ruled against the federal government, which had appealed a ruling by the B.C. Supreme Court that said InSite should remain open because it offered a vital medical service to drug addicts.

The appeal court also found that a supervised safe-injection site falls under the jurisdiction of the province, which oversees health care.

Justice Minister Rob Nicholson said Tuesday the government will appeal the 2-1 ruling to the Supreme Court of Canada because the B.C. court's judgement regarding jurisdiction was not unanimous.

"This case raises important questions regarding the doctrine of interjurisdictional immunity and the division of powers between the federal and provincial governments," Nicholson said in a statement.

"There was a dissenting opinion in the B.C. Court of Appeal, and the government of Canada believes it is important that the Supreme Court of Canada be asked to rule on this matter."

Liberal House Leader Ralph Goodale said Tuesday the government's appeal had little to do with clarification of jurisdiction and accused the Conservatives of trying to shut the site down permanently.

"That's been very clear from day one," Goodale told CTV News Channel's Power Play. "They have opposed this project every step of the way. They've tried every other device to scuttle it, to bring it down and the court proceeding is their last-ditch attempt to do it again."

InSite opened in 2003 and was able to operate under a temporary exemption to federal drug laws. After two extensions to the exemption, the B.C. Supreme Court later awarded the facility a permanent exemption, which the federal government appealed.

Conservative MP Andrew Saxton said the B.C. court's split ruling raises questions about jurisdiction that "need to be decided by the Supreme Court of Canada."

But the government, Saxton said, also believes that a program to combat drug addiction should be focused on prevention and treatment initiatives, as well as tougher laws to curb drug dealing.

"We believe we have to get to the source of the problem, which is with the drug dealers and the drug peddlers, and that's why we've introduced tough new legislation to combat drug dealers and drug peddlers," Saxton told Power Play.

Saxton went on to blame the previously Liberal-dominated Senate for holding up the legislation. But NDP deputy leader Thomas Mulcair said it was the Conservatives who stopped their own tough-on-crime legislation when they prorogued Parliament.

"If the Conservatives believed for one second in their law-and-order rhetoric they would not have prorogued Parliament because that flushed all of the legislation that Mr. Saxton just referred to," Mulcair told Power Play.

"It's pure hypocrisy on the part of the Conservatives and it's pure posturing on their part as well."

After hearing of the government's decision, B.C. Health Minister Kevin Falcon pointed to research that has shown programs like InSite help addicts.

"I'm disappointed because this is a program that has received very widespread independent medical journal support for the outcomes and the efforts they are making on a medical basis to treat some of the most difficult addicts you can imagine," Falcon told The Canadian Press.

"As ministers of the Crown I think we ought to, as best as we can, be guided by the evidence and the facts."

Comments are now closed for this story

Danny Dinosaur
said

Those of you who suggest that allowing this injection site will encourge people to use drugs are either totally ignorant or have never been to downtown east side in Vancouver. Perhaps you are both, but go see for your self. No one can tell me that seeing the things going on there, would make someone want to start drugs. Watching homeless alcoholics has never been a lure to start drinking. Watching people party and be exciting on TV might lure a few, but there is a reason the Budweiser ads don't feature homeless addicted people in them. Ignorance is what keeps the gangs wealthy and the public stupid. And anyone who thinks that declaring drugs illegal is stopping usage - you need to pull your head out the sand and open your eyes. It is 21st century prohibition and nothing more. And no I don't take drugs - or drink alcohol. Another dinosaur policy being adopted by a dinosaur party.


Stephen - Toronto
said

A close family friend died of a heroin overdose. She would have turned 19 years old the day after.Nobody was aware she was using until it was too late. No prison or charge would have stopped her from doing what she did and the drug dealer was an addict as well. Many people need to understand this is a health issue not a criminal issue; start treating addiction for what it is. If our family friend had made her decision in a supervised facility rather than on the street she would be with us today. Insite is there for people such as this and to provide support for those who want to change their lifestyle but cant. Anyone who disagrees with this needs a reality check.


Markus
said

The aim of the injection sites is to combat diseases commonly afflicting addicts. You take away the injection sites you dont make a dent in drug use but remove a tool to curb aids and whatever else. They arent providing drugs, they arent condoning their use. they are mearly trying to make a fact of life less of a strain on the rest of the community.


allan
said

I think these facilties say to our kids that is ok to do drugs because the government is running it. Are we stupid enough to believed that drug addicts are only using the "safe" house for injection?Why doesnt the BC government open safe drinking facilties where alcoholics can go in and have a few drinks? This clearly would not help the alcoholic and to me it is the same as the drug user. This is another waste of my tax dollars, and people should take their own responsibility in kicking their drug habit by taking part in the programs already availale, not giving them the false idea that by injecting in a "safe" house that they are recovering-- injecting on the street or in a safe house is still injecting, period.NDP/LIbs basically support drug use, and have a lenient approach to drug dealers


Wendy
said

For those who are with Harper on this. What would you say to the mother of a little girl who contracted aids from picking up a dirty needle in the play ground, because there was no safe injection site.


Inkmont
said

I don't understand why any court would uphold the right to injection sites of an illegal substance. I would personally be in favour of legalizing and controlling drugs and I'm in favour of rehab, but if drugs are illegal then injection sites should be illegal. Provincial or federal jurisdiction is a red herring if the act is illegal in the first place, wouldn't it be against the law no matter on what level it's done?


Jerry in Calgary
said

If Vancouver is so determined to provide such questionable so called "safe injection sights" for addicts to watch them slowly committing suicide, then why not allow Vancouver to take in "all addicts in Canada" thereby keeping them all safe and not just a few lucky ones that happen to live in Vancouver? It would also allow the crime rates of all the other cities in Canada to dramatically decline no doubt. The rest of Canada would not have to worry about thefts, vandalism and drug dealing thugs in their neighbourhoods because all of the business would be in Vancouver. The other Canadian cities would be further able to cut back on their own policing needs. So you can see the obvious advantages for the rest of Canada to send all of their addicts to Vancouver. Great way to cut back healthcare costs in the other provinces as well. The advantages would be endless. So what do you say Vancouver? Why not care for all drug addicts in Canada when it comes to offering safety for these people.


ouifyg
said

"We believe we have to get to the source of the problem, which is with the drug dealers and the drug peddlers, and that's why we've introduced tough new legislation to combat drug dealers and drug peddlers,"Wrong Mr. Saxton. The source of the problem is the drug users. It doesn't matter how much you crack down on drug dealers, as long as people are buying it someone will sell it. It's all about supply and demand, the foundation of the capitalist society we live in. The only way to stop drugs is to stop the demand for drugs.


Samual
said

Harper's approach with everything is to take policies that work & throw them away. Then he introduces policies that have failed in the past & makes them law. Google, Portugal drug laws, find a government site & read the facts. Portugal decriminalized all drugs in 2001, drug use went down, crime went down, death rate went down, more people went into treatment. Portugal has a large population of catholic conservatives that feared for the worst, but no one that lives there has suggested making drug use a criminal offense again. The government sells alcohol, the gateway drug to illegal drugs is booze. The drug heroin puts you to sleep it's the same as the opiate pain killers you get from the doctor. Alcohol is the only drug that actually makes people do things they would never do. The US spends 60 billion a year on their war on drugs. Illegal drugs are cheaper & easier to buy than they were forty years ago. Prohibition of drugs makes, gangs, cartels, & terrorists wealthy. It's no different than prohibition of alcohol except many more people are being killed in the drug war. Legalize all drugs tax them like alcohol & start telling our children the truth. Alcohol is the most dangerous drug it will give your kids the courage to try illegal drugs. When I was in school they warned me about drugs. No one told me I would spend 30 years of my life in hell battling alcohol addiction.


CraigW
said

It's a good thing that we are making sure the victims of the drug addiction have a safe environment so that they don't harm themselves.Perhaps the next step should be safe places for pedophiles to molest children so they don't accidently catch an STD.


Mike vdB - Chatham, ON
said

I am sorry there are so many ignorant people out there. Drug addicts need help, pure and simple. Otherwise addicts will turn to crimes to feed their habit and there is an increase in health care costs from all of the issues surrounding drug addiction. Having a safe injection site is a drop in the bucket. It not only puts addicts closer to health care professionals but helps to reduce the spread of disease. Addicts that use these facilities have to still follow certain guidlines in order to be apart of the program. They can ask for help at anytime which they might not get if they were on the streets. For all means, go get tough on the dealers. But while you are doing that, have a another part of the approach that helps the addicts to get clean. Getting tough on them for the sake of saying you are "tough on crime" will not solve the problem.


Dan
said

what a backwards country we live in. I think sometime in the 90's things went south. You wont find this attitude towards criminals anywhere else in the world, even in places like europe.


Matt
said

What the press is not reporting is that the B.C. Court of Appeal upheld 3-0 the lower court ruling that the Controlled Drugs and Substances Act is unconstitutional with respect to Insite. Further, the court thought the appeal was so frivolous that it made the goverment (you and me) pay all the costs.If the conservatives can establish that public health is not a provincial matter, a big if, they will face having sections of the CDSA struck down and ruled null and void, including sections prohibiting possession of all illicit substances.Archie, the more harmful the substance, the less abdicating control of it to teenagers and gangsters makes sense. Before we force all drinkers into treatment, we should, based on the fatalities and health care costs, coerce the overweight into weight loss programs.


joe in ottawa
said

Tax dollars paying for people to get their fix! This is simply wrong on so many levels.


Er
said

Please hear us recoverd people, injection sites will NOT solve anything, save You're money.these people like we were need to get tired of that life and THEY will seek help.ya sorry to say some will die but the sooner we stop feedig the addiction the sooner they'll stop


proud soldier
said

i do not want any of my money paying someone to take drugs spend it on cancer or a real sickness not a habit these folks are no diff than an ahcohlic and there is already lots of help out there stop being so stupid we pamper them they are criminals they choose this lifestyle bring back reform school a and work camps time in the bush will clean up most of these kids next you will see the BC gov aressting smokers and these folks will still get there DRUGS FREE this is not funny


GTA
said

I like to drink beer and watch the hockey game...how about a taxpayer funded sports bar where I could hang out, drink free beer and chill.


Greg in Cambridge
said

It just seems wrong in a big way to condone and pay for people to take those kind drugs when we're losing the war on drugs in this Country and everywhere else.What's wrong with this picture? Should we have to pay millions so addicts can shoot up with the Police looking the other way?


B. Kelley, No sites in Ontario
said

We have a responsibility to provide whatever help we can for people who want to kick drug addictions but we do not have a responsibility to facilitate continued abuse. If we continue to provide these injection sites then we might as well start building nice new club houses for the street gangs, fully equipped chop shops for the car theft rings and maybe some modern, well-lit strip malls where the drug dealers can set up shop. Maybe we could even build a high rise hotel for hookers with our tax money. Someone needs to remind B.C. that the use of heroin is against the law and, when the government becomes complicit in the act of injecting it, then they are forming a virtual conspiracy to violate the criminal code. I know that bleeding hearts will wail about drug abuse being an illness. It's not! It's a self-imposed addiction and it's a criminal act. They'll also claim that supervised sites help protect the addicts from disease or, in other words, protect them from the consequences of their own stupid decisions. If they want to make the equally stupid decision to remain an addict then they should be made to take responsibility for themselves. Rehabilitate - By all means! Facilitate - No way!


Alex (Toronto)
said

The Tories find it easier to punish the victims of addiction than to do anything serious about the cause of the problem. Addicts need help, which really means putting them within reach of health care workers. Health care should be left to health care professionals, not politicians, and policy should be made on the basis of what actually works, not the self-serving pseudo-moralizing of non-experts. The Conservatives are pushing the court to name this a legal issue, not a health issue. That has never worked in the past and would not work in the future.

Ivan
said

And how many people could be helped with the millions they will be paying lawyers for this case?


Archibald Leach
said

Most drugs are proven harmful to the body even if the drug manufacturers have bribed their legal use for Canadians. Some drugs are more harmful then others. Recreational drugs are top on the list of killers. We have laws against these harmful drugs that must be obeyed. Liberal, politically motivated and namby pamby provincial governments must be held to the law. Addicts need forced treatment and help NOT MORE DRUGS TO FEED THEIR HABITS. Pass a law that forces treatment on addicts including alcohol. It is time we re-thought all this civil rights B.S.

Jay, Ottawa
said

Gee, traditional crime and punishment approaches to dealing with drugs are so close to eradicating them from our streets - why would we want to try anything different? Now, what's that new symbol for sarcasm?

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