INSITE COULD RUN WITHOUT FEDS' OK

Operators of Dr. Peter Centre Offering Similar Service Rely on Nursing Ethics

VANCOUVER - Vancouver's largest supervised injection site does not
need Health Canada's permission to operate, says the head of a
smaller injection site that operates without federal permission.

"A Section 56 exemption [of the Controlled Drugs and Substances Act]
isn't needed," said Maxine Davis, head of the Dr. Peter Centre of
Vancouver. "We've very confident of the position we're taking."

The Dr. Peter Centre provides a supervised injection site for 50 of
its 300 clients. Those clients are HIV-positive and some are homeless
with mental-health and drug-addiction problems. The centre's
injection site opened in April 2002, prior to the opening of the
Insite supervised injection site in Vancouver's Downtown Eastside.

Davis said the Dr. Peter Centre does not need Health Canada
permission to operate because it is not part of a scientific study
Insite is involved in. A Section 56 exemption was needed for the
Insite study to be undertaken.

Davis said she's confident her centre's facility is legal under the
B.C. Nurses Act because of a nurse's duty of patient care. She said
the same would apply to Insite, meaning it's not subject to Health
Canada approval.

The centre's supervised injection facility opened after two overdose
deaths at the centre's old location at St. Paul's Hospital.

"Supervision of injections in order to prevent illness and promote
health is complying with [registered nursing practice] standards," Davis said.

Insite was recently granted a six-month Section 56 exemption,
allowing it to operate at least until June 2008.

The facility was approved by the former Liberal federal government.
The current Conservative government has taken a tougher legal stance
on drug use and is not as supportive of harm-reduction measures.

As a result, Insite's primary contractor, PHS Community Services
Society, and three other parties are taking the federal government to
court, arguing that closing the site would breach the constitutional
right to life and security of people who use the site.

PHS also argues Insite's operations should be controlled by the B.C.
government, not Ottawa. The site is funded by the Vancouver Coastal
Health Authority.

Monique Pongracic-Speier, the lawyer representing PHS and two
individuals in the claim, said the action was brought against the
Attorney-General of Canada in August. The government filed its
statement of defence last month.

Pongracic-Speier is hopeful the matter will be dealt with in the
Supreme Court of Canada prior to the expiry of Insite's exemption.

"In my client's view, Insite is about local health care, not the
Criminal Code or Controlled Drugs and Substances Act," she said.

Pongracic-Speier will explain the constitutional challenge at a forum
tonight -- 6 p.m., 319 Main St. -- being held to debate whether the
federal government can legally close Insite or the Dr. Peter Centre.

Clay Adams, of the Vancouver Coastal Health Authority, said the
authority is Insite's formal operator and is not involved in the
forum. Adams said the Section 56 exemption is required because the
operation of the supervised injection site involves an illegal act.

He said Insite has had a positive health impact in the Downtown
Eastside, due to in part to an increase in detox referals and
reduction in the amount of needles found on the streets.