BATTLE OVER INSITE EXPECTED TO GO TO SUPREME COURT

VANCOUVER -- The future of Vancouver's controversial
supervised-injection site is likely headed for the Supreme Court of
Canada, says the lawyer representing a group fighting to keep the
facility open. Ottawa has filed its appeal of a B.C. Supreme Court
decision that struck down sections of federal drug laws and ensures
Insite will remain open as a constitutionally protected health-care service.

But lawyer Monique Pongracic-Speier predicts the case won't be
settled at the B.C. Court of Appeal, regardless of the outcome.

"I think there is a realistic chance that this will go up to the
Supreme Court of Canada," Ms. Pongracic-Speier said in an interview yesterday.

"It's an extremely important constitutional issue and it is an issue
that I believe the Supreme Court of Canada would find has a national interest."

Insite opened in the city's troubled Downtown Eastside as a pilot
project in 2003 under a special exemption from federal drug laws, but
Ottawa had refused to say whether it would extend the exemption after
it expired at the end of last month.

In a May 27 decision, B.C. Supreme Court Justice Ian Pitfield ruled
that federal drug laws prohibiting drug trafficking and possession
are unconstitutional and gave the federal government a year to rewrite them.

Judge Pitfield said laws that prevent people suffering from the
disease of addiction from accessing such a service infringe on their
right to life, liberty and security of the person.

Within days of the decision, federal Health Minister Tony Clement
announced his intention to appeal and made it clear Ottawa wants the
facility shut down.

Documents filed with the B.C. Court of Appeal last month don't list
the government's specific reasons for seeking to overturn the
decision, but ask that the Supreme Court ruling be set aside.

In the meantime, Ms. Pongracic-Speier said the facility will remain open.

"Insite's operations will not be affected unless and until the
decision of the B.C. Supreme Court is overturned by a higher court," she said.

The two groups that initially launched the court challenge filed
their own appeal of the decision.

While Judge Pitfield ruled that it would be unconstitutional to force
Insite to close, he rejected the plaintiffs' arguments that the
facility should be exclusively under provincial jurisdiction because
it is a health-care facility.

The site, which sees an average of 600 users each day, allows addicts
to bring their own drugs to inject under the supervision of medical staff.

The site has a long list of supporters, including the city's mayor
and police chief, but opponents claim the site promotes drug use by
facilitating addiction.

New Democrat MP Libby Davies, whose riding includes Insite, said the
federal government's appeal is purely political.

"It's not based on any evidence or any public policy issue, so I
think that it's a colossal waste of time," Ms. Davies said.

"Insite is part of the solution; it's not part of the problem. Why
would the federal government spend all of this time and money to
fight a battle they're going to lose anyway?"