B.C. DRUG SITE CAN STAY OPEN, SUPREME COURT RULES

Harper Government Suffers Setback

OTTAWA - Vancouver's controversial supervised-injection site should
stay open indefinitely, the country's top court ruled Friday, calling
the federal government's move to shut it down a violation of the
Charter of Rights and Freedoms.

The Supreme Court of Canada's unanimous decision was a defeat for the
Conservative government, which has said it favours prevention rather
than "harm-reduction" programs.

Insite, which opened in 2003, provides a haven for addicts to inject
drugs using sterile needles under a nurse's supervision.

The ruling could pave the way for similar facilities around the
country.

Dean Wilson, who has fought drug addiction for more than 40 years and
who has used the Insite facility himself, said the decision was a
fitting result after the long battle first to get, and then to keep,
the facility in Vancouver's drug-ravaged Downtown Eastside.

"It's a validation of all the stuff we worked (for)," Wilson said in
the foyer of the Supreme Court minutes after the decision came down.
"It's a miracle.

"We already won, no matter what the results were, because
statistically, eight or nine people a year would have died through the
overdoses we've prevented (at Insite). Over eight years, that's 72
lives and that's a win. We won the day we opened that door."

Prime Minister Stephen Harper said the federal government is
"disappointed" with the decision.

"The preference of this government in dealing with drug crime is
obviously to prosecute those who sell drugs and create drug addiction
in our population and in our youth," Harper told reporters in Quebec
City.

He added that "when it comes to treating drug addiction to try and do
so though programs of prevention and treatment rather than through the
issues that were in front of this court in terms of so-called harm
reduction."

When asked what the court ruling could mean for other jurisdictions
that are considering opening supervised injection sites, Harper said
it was "premature to speculate on consequences" of the decision.

"Obviously, it is going to lead to some changes in federal policy in
order to respect the decision," he said.

Earlier Friday, Health Minister Leona Aglukkaq said the government
will comply with the Supreme Court ruling, but that it will also
review the decision as it considers its options.

Vancouver NDP MP Libby Davies noted that fatal drug overdoses have
dropped by more than one-third since the facility opened in her riding
in 2003.

"This government has an opportunity here to take off their ideological
blinders and support a vital public service that has saved lives and
given people hope," she said.

The fate of Insite had been unclear since 2008, when the Conservative
government refused to renew a Health Canada exemption that permitted
it to operate in contravention of criminal drug laws.

The Tories have said such "harmreduction" programs divert money from
addiction-treatment programs.

In a subsequent ruling from the B.C. Court of Appeal in 2010, the
court -- in a 2-1 split decision -- found the federal government, which
has exclusive jurisdiction over criminal law, did not have the right
to interfere with health care, which is a provincial
responsibility.

In its ruling, the Supreme Court found the decision in 2008 not to
renew the site's exemption from drug laws violated the rights of
Insite users under Section 7 of the charter, which protects the "life,
liberty and security" of Canadians.

"It is arbitrary, undermining the very purposes of the CDSA, which
include public health and safety," the judges ruled.

The Canadian Medical Association said facilities such as Insite are a
critical in quelling the devastating effects of hard drug use.