InSite & Harm Reduction: A New Approach to Canadian Drug Policy
Sunday, January 24th, 2010
Photo Credit: Vancouver Coastal Health
Lost in the shuffle amid the recent tragedy in Haiti, parliamentary drama and growing Olympic fever, a recent B.C. Court of Appeal ruling stands to reshape the way the Canadian legal system deals with addiction. On January 15, 2010 the Court of Appeal for British Columbia dismissed a federal government appeal to close InSite, Canada’s only supervised safe-injection site. The federal government is widely expected to appeal the decision to the Supreme Court of Canada, opening the door for a new approach towards Canadian policy in dealing with addiction and substance abuse.
In the 87 page ruling, Justice Huddart wrote that the court dismissed the federal government’s appeal “by reason of the application of the doctrine of interjurisdictional immunity”, which prevents a law from being applied outside of its constitutional jurisdiction. With health care professionals, academics, and courts recognizing InSite as a provider of legitimate health-care services – an area of provincial jurisdiction – the Court of Appeal found that federal drug laws prohibiting the possession of controlled substances were constitutionally unable to override the application of provincial health-care programs. The Court felt that attempts by the federal government to close InSite were an “indisputable intrusion of the federal government into the provision of medical services”.
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