Tuesday, 19 January 2010
Canadian Safe Injection Site to Remain Open

British Columbia’s Court of Appeal rejected the Canadian government’s attempt to shut down the first safe injecting site in North America.

The facility, called Insite, has operated since 2003 under a constitutional exemption to the federal Controlled Drugs and Substances Act. As the exemption was due to expire, Insite successfully obtained a permanent exemption, which the Conservative government challenged.

Justice Carol Huddart wrote in her decision, “What is at issue is the provincially-authorized supervision of the injection of illegally-obtained heroin to prevent health problems associated with its self-injection. Like palliative care, it is a form of harm reduction with benefits for both the patient and the community.”

Justice Madam Justice Anne Rowles added, “I doubt that the accuracy of the assertion that the operation of Insite is controversial in a policy sense. In this province, there is no longer any serious debate about the need for Insite as a health care facility.”

Two of the three judges supported Insite’s continued exemption.

Challenges to national approaches to harm reduction are due to receive ample attention at Harm Reduction 2010: IHRA’s 21st International Conference. The programme currently includes the session, “'Hanging On' to Insite - The Socio-Political Context of a community fighting to keep an Injection Site”.

One of the arguments submitted by the Canadian government was that to maintain the exemption would “seriously impair Canada’s ability to meet its international treaty obligations”.

Justice Huddart interpreted the argument “to be founded on a view that Insite’s provision of services somehow approves of or promotes drug use”. She noted it was “particularly difficult to understand, given the establishment of 45 sites where a supervised injection service is provided in other countries and that some of them provided the model for Insite.”

Justice Huddart was right to reject the argument that the international drug control treaties forbid certain harm reduction programmes. As IHRA wrote in “Recalibrating the Regime: The Need for a Human Rights-Based Approach to International Drug Policy”, UNDCP’s legal experts concluded that the provision of syringe exchange, substitution treatment and safe injection facilities did not violate state obligations under the drug control treaties.

Click here to read the decision.

A revealing documentary on services provided by Insite is available here. For the first time, cameras were allowed inside the facility for journalist Hana Gartner's feature. The documentary includes interviews with the clients and service providers.

Fore more information please visit:
http://www.ihrablog.net/2010/01/canadian-safe-injection-site-to-remain.html