INSITE WINS COURT BATTLE TO STAY OPEN

B.C. Appeal Court Favours Vancouver Safe-Injection Centre Over
Ottawa

Vancouver's safe-injection site will remain open for the time being,
after the B.C. Court of Appeal yesterday dismissed an appeal from the
federal government.

However, the federal government is expected to appeal yesterday's
split 2-1 ruling to the Supreme Court of Canada.

Vancouver Mayor Gregor Robertson reacted by saying he strongly
supports the ruling and the continued operation of Insite to improve
the lives of drug addicts.

"With this second consecutive decision in favour of Insite, I hope the
federal government will drop its legal efforts so that we can go back
to focusing on Insite for what it is -- a harm-reduction facility that
saves lives and improves health outcomes for those living with
addictions," the mayor said in a statement.

Former Vancouver mayor Philip Owen also praised the ruling and
predicted similar safe-injection sites will appear in other Canadian
cities.

"We're going to have half a dozen of these across the country," Owen
told a cheering crowd of Insite supporters gathered outside the
Vancouver courthouse.

"It improves public health and improves public order," said the former
mayor, an original supporter of a safe-injection site for drug addicts
in order to reduce overdose deaths caused by intravenous drug use, as
well as the spread of AIDS and other infectious diseases.

Insite opened in 2003 in Vancouver's drug-plagued Downtown Eastside,
and was originally allowed to operate under a temporary exemption from
federal drug-control laws. When the temporary exemption was due to
expire, the facility went to the B.C. Supreme Court and won a
permanent exemption.

The federal health minister and attorney general of Canada appealed
that decision.

In yesterday's ruling, two members of the three-judge panel ruled
against the federal government's argument.

The court found that "the supervision of drug injection comes within
the province's powers over health . . . and the province has exercised
those powers in a number of statutes related to the operation of
Insite. As a result, the provincial and federal exercises of power
overlap."

Dr. Julio Montaner, president of the International AIDS Society,
called yesterday's court ruling "a tremendous victory for us involved
in the Downtown Eastside. It sends a very clear message to [Prime
Minister] Stephen Harper and his draconian policies."

Vancouver East NDP MP Libby Davies told the rally that the federal
government should not waste further time and money on an appeal.

"They need to think about common sense here," she said.