Public safety and social welfare advocates expressed concern this week that legislation put forward by the federal Conservatives could jeopardize the future of supervised safe injection facility Insite, and make it all but impossible for similar facilities to be opened elsewhere. The proposed legislation, Bill C-2, would amend the Controlled Drugs and Substances Act (CDSA), requiring a “laundry list” of extra requirements that supervised safe injections sites must meet in order to be given a CDSA exemption to legally operate.
“What the Harper government is trying to do is wrong,” said Pivot Legal Society lawyer Adrienne Smith in a statement on Monday. “It is also unconstitutional.”
On Monday, Pivot joined with 120 other Canadian social organizations, including the Canadian HIV/AIDS Legal Network, to sign a statement protesting Bill C-2.
Smith says the new criteria required for a CDSA exemption under the so-called Respect for Communities Act effectively blocks the establishment of new supervised safe injection sites and could make it much harder for Insite to stay open.
In 2011, the Supreme Court of Canada ruled that the federal Minister of Health’s decision to deny Insite an exemption threatened the lives of drug users in the Downtown Eastside, thus violating their constitutional rights.
“This bill turns the court’s direction on its head and says except in exceptional circumstances, exemptions will never be granted,” said Smith. “Insite, as the only existing facility operating under an exemption, now has an additional suite of information it must submit about crime data in order to have its application considered.”
Conservative MP for Kamloops-Thompson-Cariboo and former registered nurse Cathy McLeod spoke in favour of the bill in the House of Commons earlier this month, stating that a clear framework and criteria is needed to deal with applications for exemptions to the CDSA.
“In its decision regarding Insite in 2011, the Supreme Court of Canada affirmed the Minister of Health’s discretion to grant or deny exemption applications and to request information for that purpose. In exercising her discretion, the Minister of Health must take into account public health and public safety considerations in accordance with the charter,” McLeod said. “The current system does not provide the tools needed to adequately consider the complex risks associated with supervised drug injection sites.”
However, Vancouver Coastal Health, which operates Insite, believes the proposed criteria, which would require groups seeking an exemption to file more than 30 detailed reports and documents before their application could even be considered, goes too far.
“VCH is troubled by the numerous conditions set out in Bill C-2, which will make it onerous for Insite to apply for an exemption in the future and nearly impossible for a new supervised injection site to receive exemption under the Controlled Drugs and Substances Act,” said spokesperson Anna Marie D’Angelo on Tuesday. “VCH finds it troubling that the Federal Government would introduce and pass Bill C-2, given the clear judgment by the Supreme Court of Canada that affirmed the health benefits of Insite.”
Vancouver Coastal Health is currently awaiting renewal of the exemption for Insite for the upcoming year, however Health Canada has confirmed that the application will be processed under the current legislation and not under the stringent requirements contained in Bill C-2, should the bill pass.
“Research shows that Insite saves lives, reduces the spread of infectious diseases such as HIV and connects clients to health services including detox,” said D’Angelo. “The Supreme Court of Canada confirmed the value of Insite for harm reduction, addiction treatment of clients who are long-term intravenous drug users.”
Research has shown that there has been no adverse community effect such as increased crime since Insite was established, she added.
The Dr. Peter Centre in the West End is awaiting the results of its application for an exemption to operate supervised injections for its clients.
“It is our view that Health Canada has taken a very long time in making a decision on this application, which is a year old,” said D’Angelo. “Incorporating supervised injection into nursing services at the Dr. Peter Centre brings people into health care...preventing drug overdoses and eliminating needle-sharing, these services help to engage vulnerable people in life-saving HIV treatment.”
