SUPREME COURT TO HEAR SAFE INJECTION SITE APPEAL

The Supreme Court of Canada will decide whether North America's first
supervised injection clinic for drug users can stay open, a case that
will settle a jurisdictional dispute between Ottawa and British Columbia.

The court agreed yesterday to hear a federal government challenge of
two lower-court rulings that sided with the operators of Insite, a
unique facility in Vancouver's Downtown Eastside where drug addicts
can inject their drugs with sterile needles under a nurse's
supervision.

By convention, the court did not give reasons for agreeing to consider
the case, which will likely be heard next fall or winter.

The B.C. Court of Appeal ruled in January that the Insite facility
falls under provincial jurisdiction over health care so the federal
government does not have the power to shut it down.

A spokesman for the Vancouver Area Network of Drug Users, which will
defend its victories in the B.C. courts, said that the Supreme Court's
decision to take on the case will put planned expansion on hold, but
that in the end it will be useful to have a final declaration from
Canada's highest court.

"We've won two rounds already so we're ready for Round 3," said Dave
Murray. "We're claiming this is a health issue, not a criminal matter."

Since Insite opened in 2003, there has been overwhelming evidence of
its success in studies, reports and scientific journals, which
asserted that the facility prevents overdose deaths, limits the spread
of disease, reduces public disorder and moves more people into detox
and addiction treatment while saving taxpayer dollars.

The clinic initially operated under a three-year Health Canada
exemption from drug trafficking and possession crimes, so that staff
and clients were safe from criminal charges.

The exemption was renewed twice, but the Harper government has
declined in recent years to continue the reprieve. The province has
kept the facility open nonetheless.

"This case raises important questions regarding the doctrine of
interjurisdictional immunity and the division of powers between the
federal and provincial governments," said Pamela Stephens, a
spokeswoman for Justice Minister Rob Nicholson.

The federal strategy, announced three years ago, was a retreat from
"harm reduction" measures, such as the secure injection site.

In 2008, the Portland Hotel Society and the Vancouver Area Network of
Drug Users launched a constitutional challenge of the federal
government's power over the facility.

The B.C. Court of Appeal found that it was not necessary to rule on
Insite's constitutional right to stay in business because it had
already decided the clinic was a provincial responsibility.

A 2008 ruling in the British Columbia Supreme Court, however,
concluded that closing a health-care facility that saves lives and
curtails the spread of infectious disease violates the Charter of
Rights guarantee to life, liberty and security of the person.