INSITE WINS FIGHT TO STAY OPEN

Ruling on Controversial Injection Site a Defeat in Harper Government's
War on Drugs

Vancouver's controversial Insite clinic for drug addicts can stay
open, after a landmark decision by the Supreme Court of Canada that
offered a sharp rebuke to one of the Conservative government's key
law-andorder planks.

The nine justices ruled unanimously Friday that citizens' health
matters more than criminal anti-drug laws.

They ordered an immediate exemption that will allow the facility on
East Hastings Street to remain open.

Their decision said that the federal drug law is valid, constitutional
and applies to Insite, but the effect of denying addicts the services
of Insite increased their risk of death and disease and that
outweighed "any benefit of the criminal drug prohibition."

Insite, which opened in September 2003, provides sanitary conditions
for addicts while they inject drugs, medical supervision to help
monitor for overdoses, clean needles and counselling for those seeking
rehabilitation.

Prime Minister Stephen Harper said he is disappointed but will comply
with the ruling, which has thrown open the door across the country to
new supervised injection sites, dubbed "shooting galleries" by
conservative critics.

HARPER DISAPPOINTED

Harper has always opposed "harm reduction" approaches, such as clean
needle exchanges and injection sites, preferring tough enforcement and
prevention programs.

"We're disappointed, we have a different policy," Harper told
reporters in Quebec City. "We'll take a look at the decision, but we
will clearly act in respect and within the constraints of the decision."

He said it is "premature" to speculate on the possibility of other
cities establishing supervised injection sites.

"Obviously, it is going to lead to some changes in federal policy in
order to respect the decision.

"The preference of this government in dealing with drug crime is
obviously to prosecute those who sell drugs and create drug addiction
in our population and in our youth.

"And when it comes to treating drug addiction, to try and do so though
programs of prevention and treatment, rather than through the issues
that were in front of this court in terms of so-called harm reduction."

Delivered by Chief Justice Beverley McLachlin, the high court's
decision said Ottawa's attempt to close Insite was "arbitrary" and
undermined the protection of health and public safety, a violation of
the Charter of Rights.

"Insite was the product of cooperative federalism," the court said.
"Local, provincial and federal authorities combined their efforts to
create it. It was launched as an experiment. The experiment has proven
successful. Insite has saved lives and improved health. And it did
those things without increasing the incidence of drug use and crime in
the surrounding area."

Provincial Health Minister Mike de Jong said he was "gratified" the
court recognized the benefits of Insite, but it would take him time to
digest the judgment.

"B.C. leads Canada in declining HIV rates," de Jong said. "The court
has attached an appropriate amount of importance to the therapeutic
benefits of Insite."

But he would not speculate on whether other sites might open across
the province.

"The answer to that question ultimately will rest on the advice we get
from health authorities and clinical experts on where the model might
lend itself. We will work with the federal government because any
additional sites would require additional exemptions."

POSITIVE REACTION

Supporters of the clinic were overjoyed by the ruling.

In Ottawa, ex-addict Dean Wilson, 55, told reporters gathering at the
courthouse that he was able to end a lifelong addiction, thanks to
Insite's detox centre and transitional housing complex. His name was
on the court case in favour of keeping Insite open.

"It's a validation of all the stuff we worked [for]... . It's a
miracle," said Wilson, who said he's been fighting for 14 years to
ensure Vancouver's addicts have a safe place to shoot up and seek help.

The decision, made public shortly before 7 a.m. here, sparked an
emotional reaction among the hundreds of supporters who gathered
outside the clinic.

"We won," someone shouted, prompting cheers, hugs and supportive
horn-honks from drivers passing by.

"This is the triumph of science over ideology," said lead lawyer for
Insite, Joe Arvay.

"It's not often the court speaks with a unified voice. The Supreme
Court sent a very strong message to the government . and clearly the
decision has implications beyond Insite."

DISEASE IMPAIRS CONTROL

Arvay predicted more clinics will open across the country.

The ruling addressed the argument of some small-c conservatives that
drug addicts have made a personal moral choice, and therefore
shouldn't be assisted by the state in breaking the law.

The judges said the ability to make choices must be weighed against
the 2008 B.C. Supreme Court finding that addiction is a "disease in
which the central feature is impaired control over the use of the
addictive substance."

The ruling also said "morality" is irrelevant when it comes to
determining Charter rights.

The decision ended a bitter and long-running battle between the
Conservative government and those who support harm reduction policies
instead of enforcement of the criminal drug laws.

The clinic was approved under the former Liberal government of Prime
Minister Jean Chretien and the Conservatives always opposed it,
balking at the idea addiction is an illness best treated by doctors
instead of jailers.

In 2008, the B.C. Supreme Court ruled the province has the power to
implement health programs regardless of the federal government's
opposition; the B.C. Court of Appeal endorsed the ruling in January
2010.

But the Supreme Court was very careful to say that wasn't right: The
federal government had trumping authority and the drug laws did apply
to Insite.

In this case, however, the federal minister had wrongly exercised his
discretion in 2008 by refusing to renew the Health Canada exemption
that had permitted the facility to operate in contravention of
criminal drug laws.

Former Tory health minister Tony Clement said the facility and similar
"harm-reduction" programs diverted money from proper
addiction-treatment programs.

Although controversial here, clinics similar to Insite operate in 70
cities in six European countries and Australia.

The Vancouver Coastal Health Authority says there have been more than
a million safe injections at the site with more than 1,400 overdoses
but not a single death.

The B.C. Centre for Excellence in HIV/AIDS maintains that since Insite
opened, there's been a 30-per-cent increase in the number of addicts
who enter detox.

B.C. Liberal MP Hedy Fry, a physician who fought in cabinet to get
Insite federal clearance in 2003, said the ruling is a clear rebuke of
government policy.

"Their 'war on drugs' has not worked in Canada and has proven to be an
abject failure everywhere else in the world. Addiction is a medical
problem and requires medical and public health solutions," she said.