LEGAL ARGUMENTS

The B.C. government will be fighting its federal counterpart in court
when the case of Vancouver's safe-injection site goes to appeal in
April, arguing it has final say over health care within the province.

The province plans to file a formal argument in October, when the
federal government and the Portland Hotel Society, which runs Insite
along with the Vancouver Coastal Health Authority, file their arguments.

"We will be arguing that the Constitution grants provinces the right
to make decisions about how health-care resources are allocated and
delivered," B.C. Health Ministry spokesman David Karn said in an e-mail.

"The Attorney-General will appear to speak to the exclusive provincial
jurisdiction over the delivery of community health services and the
importance of permitting provinces to experiment and innovate in
response to local health concerns."

Mr. Justice Ian Pitfield awarded Insite a legal victory in May, ruling
that federal drug laws preventing it from operating were
unconstitutional, and giving Ottawa until June 30, 2009, to rewrite
the laws. B.C. is including itself in both Ottawa's appeal and a
cross-appeal opposing Judge Pitfield's ruling that the province
doesn't have sole jurisdiction in health-care cases such as this.

A spokeswoman for federal Health Minister Tony Clement declined to
comment because the case is before the courts.