SUPERVISED INJECTION SITE A MATTER OF RIGHTS

Everyone Has A Right To Health Care, But Injection-Drug Users Being
Denied

"Every individual is equal before and under the law and has the right
to the equal protection and equal benefit of the law without
discrimination. "

So begins Section 15 of the Canadian Charter of Rights and Freedoms.
These equality provisions of the charter inform and shape our
interpretation and implementation of government legislation.

The Supreme Court of B.C. has found that the federal Controlled Drugs
and Substances Act is unconstitutional in prohibiting the
administration of addictive substances in supervised fixed-injection
sites.

Moreover, the Vancouver Island Health Authority is mandated via
funding agreements with the B.C. Ministry of Health and its own
service plans to provide health-care services sufficient to reduce the
spread of HIV and hepatitis C in Greater Victoria.

Yet in the face of an overwhelming need for supervised fixed-injection
services, none can be found in our community.

This has led the Health Officers Council of B.C. not only to support
the inclusion of such services as "an important component of
comprehensive health authority prevention, treatment and recovery"
programs, but to recommend that such services "evolve from [the]
current single research project [to] being integrated into...
community primary care settings, addiction services, hospitals and
other health-care services so that injection drug users can gain ready
access to a full range of health-care, recovery and prevention services."

The council's recommendations are sensible, particularly in light of
evidence that rarely sees the light of day.

Tobacco consumption, for example, is by far the largest killer among
all psychoactive drugs. Additionally, though well-known, heart disease
is a leading cause of deaths among Canadians.

The costs to our health-care system for treating illnesses and
emergencies related to each of these causes are much higher than the
costs associated with supervised injection services, and yet few would
suggest discontinuing health-care services for people who suffer from
either, and rightly so. Health-care services are provided based upon
need -- not cause.

This is not a moral issue; this is a medical issue.

It is not a matter of being "tough on drugs" and controlling the
population. It is a matter of addressing social issues in a calculated
and progressive way.

The Rand Corporation has found that the results of education programs
are seven times more effective in reducing drug use than reliance on
criminal programs.

That supervised injection services are often required by those found
in lower socio-economic classes should not result in their
demonization by societies' self-appointed betters. This is an equality
issue. And a lack of empathy is no excuse for delay in providing
necessary supervised, fixed injection sites.

Rajinder S. Sahota is a lawyer with Velletta and Company
(victorialaw.ca) and can be reached at sahota@victorialaw.ca