Court rules against Ottawa in injection site case
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Court rules against Ottawa in injection site case


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May 28th, 2008, 10:41 AM



http://www.ctv.ca/servlet/ArticleNew...527?hub=Canada

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A B.C. judge has ruled that the federal government cannot constitutionally shut down Vancouver's safe-injection site.


Justice Ian Pitfield wrote in a 60-page ruling that "Society cannot condone addiction, but in the face of its presence it cannot fail to manage it, hopefully with ultimate success reflected in the cure of the addicted individual and abstinence."


Federal lawyers had argued addicts do not have protection under the Charter of Rights to inject illegal drugs. The judge disagreed, noting health and safety reasons.


The ruling is a blow to the Tory government, which has suggested that it may shut down InSite, a health facility where addicts can go to inject drugs in a safe environment.


Justice Pitfield has exempted the site from national drug laws until June 30, 2009.


"We're really excited. We've been trying to say this all along," Mark Townsend, the spokesperson for the Portland Hotel Society, told CTV.ca.


PHS, which operates the site, launched the suit in 2007. Townsend said the main part of the ruling has basically said InSite has a constitutional exemption from the controlled drugs and substances act.


PHS had argued that Ottawa doesn't have authority over the site, which is a health facility and therefore under provincial jurisdiction.


"InSite staff have a right to continue saving lives, getting (addicts) into detox and getting them off the streets and out of alleys," Townsend said after the ruling Tuesday.

Federal Health Minister Tony Clement released a statement that said: "We are studying the decision." In the past he has said he wanted more information about the site before granting further funding.


More than 25 studies, published in some of the leading medical journals, have shown that the site keeps health-care and law-enforcement budgets down while minimizing harm to addicts.


"Since InSite opened there have been more than 1 million injections -- (which have taken) place under the supervision of nurses. There have been close to 1,000 overdose interventions prevented, and not one single fatality," Liz Evans, the executive director of PHS said in a press release.


A report commissioned by the Conservative government and released earlier this month found that the safe-injection site has not lowered or increased crime in the area. It noted, however, the site has slightly reduced public drug use and saved taxpayers' money in health costs.


"I cannot agree with Canada's submission that an addict must feed his addiction in an unsafe environment when a safe environment that may lead to rehabilitation is the alternative," Pitfield wrote.


Townsend says he was worried about how the case would unfold because he was told Pitfield was a conservative judge. But he said community leaders with a variety of political views have backed the site.


"Really the evidence is in and we have Stephen Harper thinking the world is flat when in fact it's round ... (the prime minister) is so out of touch on this that it's becoming embarrassing."
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May 28th, 2008, 11:50 AM

Could someone explain to me, how the injection site leads to rehabilitation, as it seems
to me it would 'just' invite many more drug addicts to move to vancouver, where they can
have their drugs in a cleaner invironment, 'but still have their drugs'.
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May 28th, 2008, 12:18 PM

It leads to rehabilitation because they refer addicts to rehabilitation services. Junkies on the streets often have no point of contact for health care services. This place provides that for them. It also keeps them alive long enough to access those services. The idea that more people would move to Vancouver for the drugs is a little simplistic. If you've ever been to the Eastside, you'd know that no users there seem too concerned about getting arrested. Vancouver's had a bad drug problem for a long time before this injection site opened. If it keeps needles from the playgrounds and parking lots and keeps HIV and Hep C rates down, it benefits the entire community.
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May 28th, 2008, 01:01 PM

I think the people with such addictions need a place that directs them on how to get off drugs...these places do that. It is important that they have the means to better themselves...
Crack is so addictive, use it once and that's it, you're an addict....we can't turn our backs on people just because they made one huge error. Most of the people addicted are from horrid upbringings...they suffered before the drugs, the drugs hid the pain.
Perhaps you'll view me as a bleeding heart, I just know that addictions or not they are all human!
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May 28th, 2008, 01:25 PM

Addicts are extremely clever in the art of deception. A safe shooting gallery? Cool! They'll jump through any hoop you want them to if it means they can get high without being busted.
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May 28th, 2008, 01:29 PM

It's absurd that a court decides that an injection site for the use of illegal drugs is a 'right'. It goes to show you the courts in this country (and the human rights commission quasi courts) are running amook, without supervision or responsibility to the community of Canada. These injection sites have been an absolute failure. All of the warnings of what would happen by opponents have been realized. They have created a dead zone in the heart of Vancouver, where zombies nod off in doorsteps. Even the marginal businesses in these area, flop houses, skid row bars, cheque cashing outfits, pawn shops are moving out. An orbit of crime surrounds these areas, because the drugs are still illegal and the addicts still need money. The incentive to rehabilitate has been lost, this is only an attempt to contain the problem. The welfare of the addicts is of no real concern to the proponents. They will all die of disease, or overdoses, or bad smack in spite of those clean needles. You have to predict that this is only a first step in 'licencing' addicts to get gov't approved cocaine and heroin.. presumably on the public tab. It's time the federal government started asserting it sovereigty over these cruddy little pygmies in its courts and tribunals, by use of the Not Withstanding Clause.
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May 28th, 2008, 01:42 PM

Great news! More should be opened and the closer we get to addressing the drugs issue with a harm reduction approach, the closer we get to solving the problems associated. I knew when this opened that it would be an outstanding success if not torpedoed by blind and mean spirited neocons. One more clear example of just how out of touch the Harper conservatives are with regard to the Canadian public.
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May 28th, 2008, 01:47 PM

Maybe this attempt of the courts to protect this facility as a right might have something to do with them making all drugs legal in the near future to reduce the amount of people are filling our prison systems and thus putting them into the right programs for rehabilitation..... Hmmmmmm.....
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May 28th, 2008, 02:16 PM

Quoting lone wolf
Addicts are extremely clever in the art of deception. A safe shooting gallery? Cool! They'll jump through any hoop you want them to if it means they can get high without being busted.
Did the threat of getting busted ever stop them before?
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May 28th, 2008, 02:45 PM

Quoting tracy
Did the threat of getting busted ever stop them before?
No ... it just shuffles them off to places they're less likely to be challenged by cops. It means nothing to promise the sun, the moon, the stars - and yes, even to go into rehab for a while - for things to be easy street.
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May 28th, 2008, 03:01 PM

Quoting tracy
Did the threat of getting busted ever stop them before?
Doesn't stop me... but then again, I ain't no heroin junkie crack head either..... although I may appear that I am, it's only an act I perform in order to get my acting credit, sorta like when I push my man boobs together to make them look bigger and prance around the place singing bootylicious.

Then again, maybe that's the dope.
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May 28th, 2008, 03:53 PM

Quoting lone wolf
No ... it just shuffles them off to places they're less likely to be challenged by cops. It means nothing to promise the sun, the moon, the stars - and yes, even to go into rehab for a while - for things to be easy street.
So what's the difference? I mean other than preventing ODs and the spread of diseases? There will always be addicts whether they're at a safe injection site or just hanging in a park. I'd rather have them at the safe injection site.

I used to work at BC Women's and they have a whole unit dedicated to pregnant women with chemical dependency issues. If the drug problem there is bad enough that a hospital can open that kind of unit and keep it full, then I don't think the cops can be making it difficult enough for users to get them to stop using. It was commonplace enough that when I moved to Toronto they seemed to think I was some sort of an expert on how to treat possible HIV or Hep C positive babies. They rarely had those cases, but in Vancouver it was pretty routine. It's sad, but that's the rep Vancouver has and it's well deserved.
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May 28th, 2008, 04:28 PM

Who's arguing? I think they should legalize it all and make it less attractive to organized crime. There would go the supply. All I'm saying is an addict will make promise after promise to rehabilitate, then jump through the hoops until that first hit out the door. Nobody is going to accept help unless they really want it. That takes hitting bottom. The sad truth is, most often, that bottom is death.
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May 28th, 2008, 07:08 PM

I would like to see some hard facts, (stats) to prove this injection site program is doing
good, I only hear people 'saying' it is, need numbers, cause I don't k now, and I don't
really believe what people say, as, if I was an addict, I would race to the injection site,
every day, get my clean injections, and go about my business, until I needed another one,
wow, how good can it get for an addict.
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May 28th, 2008, 07:16 PM

They've released numbers about the decrease in ODs alone. They've also released info about the number of addicts referred to treatment. It's been necessary for them to make the case to the Harper government not to close them down. You can access some of their research results from their homepage: www.vch/ca/sis

If you think a safe place to get needles and inject yourself with drugs makes for a good life, you haven't spent much time around addicts. Maybe it makes life a little less grim. I don't see why that's a such a bad thing.
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May 28th, 2008, 07:29 PM

Some research about the site:

Results include:
  • <LI class=li_block>Insite is leading to increased uptake into detoxification programs and addiction treatment. (New England Journal of Medicine) <LI class=li_block>
  • Insite has not led to an increase in drug-related crime, rates of arrest for drug trafficking, assaults and robbery were similar after the facility’s opening, and rates of vehicle break-ins/theft declined significantly. (Substance Abuse Treatment, Prevention, and Policy) <LI class=li_block>
  • Insite has reduced the number of people injecting in public and the amount of injection-related litter in the downtown eastside. (Canadian Medical Association Journal) <LI class=li_block>
  • Insite is attracting the highest-risk users – those more likely to be vulnerable to HIV infection and overdose, and who were contributing to problems of public drug use and unsafe syringe disposal. (American Journal of Preventive Medicine) <LI class=li_block>
  • Insite has reduced overall rates of needle sharing in the community, and among those who used the supervised injection site for some, most or all of their injections, 70% were less likely to report syringe sharing. (The Lancet) <LI class=li_block>
  • Nearly one-third of Insite users received information relating to safer injecting practices. Those who received help injecting from fellow injection drug users on the streets were more than twice as likely to have received safer injecting education at Insite. (The International Journal of Drug Policy)
  • Insite is not increasing rates of relapse among former drug users, nor is it a negative influence on those seeking to stop drug use. (British Medical Journal)
Health Outcomes

The research also points to positive health outcomes from the facility. Insite is part of Vancouver Coastal Health’s continuum of care for people with addiction, mental illness and HIV/AIDS and, as a result, it has connected users of the facility with other health services.
Over a one-year period, Insite made more than 2,000 referrals, with close to 40 per cent of those to addiction counselling. People using Insite are more likely to enter a detox program, with one in five regular visitors beginning a detox program. The facility also cut down on deaths from overdoses.
Of the 500 overdoses that occurred at the site over a two-year period, none resulted in a fatality. If these overdoses happened on the street, many of these people may have died.
Other research results show*:
  • 7,278 unique individuals registered at Insite
  • Women made up 26 per cent of clients
  • Aboriginal people made up 18 per cent of clients
  • Heroin was used in 41 per cent of injections
  • Cocaine was used in 27 per cent of injections
  • Morphine was used in 12 per cent of injections
  • 453 overdoses resulted in no fatalities
  • 4,084 referrals were made with 40 per cent of them made to addiction counselling
  • Referral to withdrawal management: 368
  • Referral to methadone maintenance: 2 per week
  • Daily average visits: 607
  • Average number of visits per month, per person: 11
  • Busiest day: May 25, 2005 (933 visits in 18 hours)
  • Number of nursing care interventions: 6,227
  • Number of nursing interventions for abscess care: 2,055
*All totals or averages are for the two-year period from April 1, 2004 to March 31, 2006.
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May 28th, 2008, 07:46 PM

Quoting tracy
If you think a safe place to get needles and inject yourself with drugs makes for a good life, you haven't spent much time around addicts. Maybe it makes life a little less grim. I don't see why that's a such a bad thing.
I agree with you totally! Many of these humans ended up where they are due to abuse sustained as children (not all), I think they've been through enough, ...therefore... I choose not to turn away. Some of these humans are runaway teenagers...a dealer/john gets ahold of them before the authorities find them and...they are already addicted. Perhaps it's time we all started taking out teenagers down to help out at the site....it'd be like the movie Scared Straight. I bet it would curb any thought of indulging in a death sentence substance. The John's are taking advantage of sick woman!
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May 28th, 2008, 10:22 PM

You know, I don't feel strongly about safe injection sites....if they save lives....well, alright.

I don't like it, but okay.

What I DO feel strongly about is judges making law.....hard drugs are ILLEGAL in this country, for EVERYBODY, junkie, dealer, or clean-and-sober guy....the federal gov't has a right to enforce federal law....there can be no constitutional right to break a constitutional law.............that is simply silly.

So don't shut it down....just arrest everybody that enters for drug possession.

Just to make the point.
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