COUNCIL KEEPS CRACK PIPE PROGRAM

Bevan's Protests Go Up In Smoke After Showdown With Health Officer

Despite opposition from police Chief Vince Bevan and a warning criminal
charges may follow, city councillors decided yesterday to keep handing out
free crack kits and other paraphernalia to drug users.

After nearly eight hours of debate, during which the police chief faced off
against Dr. Robert Cushman, the city's medical officer of health, a council
committee defeated a motion by Councillor Rick Chiarelli to stop
distributing crack kits.

Chief Bevan and Dr. Cushman both made long presentations to the health
committee yesterday, after which about 20 health care workers, advocacy
group members and concerned residents addressed the committee.

"There is no hard evidence, no empirical studies that support the
distribution of crack pipes," said Chief Bevan. "I want to make it clear to
the committee and to those who are watching closely that I make no
apologies for the position that I take."

Giving out free crack pipes encourages drug use and isn't the right way the
city should be approaching the major drug problems in Ottawa, he said.

"I am concerned that the message we are sending is that there's a safer way
to do crack, that it's okay to try crack."

But Dr. Cushman said the police chief's warning was "more bark than bite."

He said he's not worried about any possible legal fallout now that the city
has decided to continue distributing free crack kits.

"I think if charges were placed, I suspect it will climb in the courts and
I suspect the Supreme Court will have the same decision as this committee
today."

The city has distributed about 600 crack kits since the program began April 1.

Dr. Cushman said the program doesn't aid or abet drug use.

It is intended to curb the spread of diseases like HIV and Hepatitis C by
providing people with clean instruments when they use drugs.

Distributing crack kits is a necessary extension of the existing needle
exchange program, and illustrates the failure of law enforcement to curb
the prevalence of crack and other serious drug problems in Ottawa, he said.

"I'm pleased with the vote. It's a difficult message to get to the public.
It's very important we control these diseases."

Since the issue fell under the jurisdiction of the health, recreation and
social services committee, the decision doesn't need to be ratified by
council as a whole.

Chief Bevan, however, hasn't given up the cause yet.

He said yesterday that while he doesn't want to threaten anyone with
handcuffs, he has asked for legal advice about whether he can arrest anyone
in connection with the crack pipe distribution program.

"I have asked for a legal opinion from the federal Crown and from the local
Crown attorney on what their position would be if we lay charges -- will
they prosecute? I have not heard back from them."

Chief Bevan was absent for most of the debate because he had another
meeting to attend. He was not available later to comment on the committee's
decisions.

City solicitor Jerry Bellomo said the crack pipe distribution program
doesn't break the law because the intention of the program is to prevent
the spread of infectious diseases.

When the program was announced last fall, Mr. Bellomo said he was concerned
it could have illegal implications, but after extensive research, he said
he is now "satisfied" doesn't break the law.

Federal law allowed for the distribution of instruments to prevent the
spread of disease, while provincial legislation puts the responsibility on
a municipality's board of health and the medical officer of health to
prevent the spread of communicable diseases, he explained.

The city has been distributing free syringes to drug users as part of its
site-harm reduction program since 1991.

The crack pipe distribution program costs about $3,000 a year and makes up
one per cent of the program's total budget. The new crack kits include
glass stems that can be fitted on to pipes and mouthpieces, condoms,
alcohol swabs and information on how to properly dispose of used materials.

Dr. Cushman characterized the problem of drug abuse in Ottawa as an
epidemic that needs city intervention. He said the program helps the
minority of crack addicts who are concerned about their safety. "We are in
danger here. We have an epidemic here," he said. "We must deal with this
problem because it has broader implications for the general public."

There are believed to be between 3,000 and 5,000 injecting drug users in
Ottawa.

But the city has the second highest rates in Canada of drug users who are
infected with HIV and Hepatitis C, after Vancouver. About 21 per cent of
Ottawa drug users have HIV, while 76 per cent have Hepatitis C. Those rates
are higher than Toronto and Montreal and second only to Vancouver, which is
plagued with chronic drug problems, Dr. Cushman said in his presentation to
the health committee.

Rather than enabling drug use and encouraging people to try crack, giving
out clean instruments may prevent diseases and could help some people get
on the road to recovery, Dr. Cushman said.

Cities such as Toronto, Montreal, Winnipeg, Guelph and Vancouver have
similar programs, and while it's too early to have solid data, Dr. Cushman
said the evidence so far indicates distributing clean drug instruments
significantly decreases the spread of disease.

That message was echoed by one woman, Jackie Joynt, who addressed the
committee. A former drug addict who began using heroin, cocaine and crack
as a teenager, Ms. Joynt was addicted to crack for more than 10 years until
she reached a turning point when she received a clean needle from one of
the city's site harm reduction vans.

"The site van saved my life," Ms. Joynt said. "For me, it was the first step."

Now, Ms. Joynt doesn't use drugs and is responsible for taking care of her
son and daughter. She said giving out crack kits will help drug users
looking for a way out and the city shouldn't turn its back on them.

"Stop treating people like they're already dead."

Ms. Joynt suffers from two diseases she contracted from sharing crack
instruments, which, she said, means she'll miss much of her children's
lives. Still, she wants to see the city continue to help others like her.

"I don't want to see another person that has to go through that. It's very
sad," she said after the meeting. "I think you really need to look at it as
a health care issue, not a political issue."

It makes sense for the city to continue the new crack kit distribution
program because so far, the police haven't been able to stop the widespread
crack problem in Ottawa, said lawyer Eugene Oscapella, a criminology
lecturer at the University of Ottawa, who attended the meeting.

"I'm persuaded that this program is not illegal," he said. "Law enforcement
won't like hearing this, because it threatens their budgets."

When it came time to vote, only Councillor Chiarelli, Councillor Diane
Deans and Councillor Glenn Brooks supported Chief Bevan's position.

Councillors Diane Holmes, Janet Stavinga, Georges Bedard, Clive Doucet,
Alex Cullen and Peggy Feltmate supported keeping the crack pipe program.

Councillor Jacques Legendre was absent.