Judge Ian Pitfield declares key sections of existing drug laws unconstitutional
Vancouver (29 May 2008) - The B.C. Supreme Court has struck down a key section of the Canada's Controlled Drugs and Substances Act (CSDA), allowing Vancouver's safe-injection drug site to remain open in the face of opposition by the Harper Conservatives in Ottawa.
Judge Ian Pitfield, in a decision that went far beyond what was expected, gave the goverment until June 30, 2009, to amend the law to conform with the federal Charter of Rights and Freedoms.
"In my opinion section 4(1) of the CDSA, which applies to possession for every purpose without discrimination or differentiation in its effect, is arbitrary. In particular it prohibits the management of addiction and its associated risks at Insite," Pitfield wrote.
"It treats all consumption of controlled substances, whether addictive or not, and whether by an addict or not, in the same manner. Instead of being rationally connected to a reasonable apprehension of harm, the blanket prohibition contributes to the very harm it seeks to prevent. It is inconsistent with the state's interest in fostering individual and community health, and preventing death and disease."
Federal Health Minister Tony Clement told the Commons health committee on Thursday that he will ask Justice Minister Rob Nicholson to appeal the decision.
The government acknowledged when the case was argued in court that it was on uncertain constitutional ground but said the constraints imposed by the law should be allowed under a section of the Charter that permits exceptions that are justified and reasonable in a free and democratic society.
Fundamental justice
Pitfield disagreed, saying that the principles of fundamental justice are too important.
The Vancouver Safe Injection Site (Insite) was established in September 2003 as a pilot project to reduce disease and death and improve care for addicts. More than one million injections have been made and more than 1,000 overdoses have been handled without any resulting fatalities.
The clinic has been operating on temporary permits since the initial exemption to open it was granted by the former Liberal government. The practical effect of Pitfield's ruling will be to keep the clinic open for at least another year.
It will be up to the Harper government whether it attempts to find a new legal way to shut down the clinic or whether it drops its opposition, amends the existing law to conform with the ruling and allows the site to continue.
"Instead of being rationally connected to a reasonable apprehension of harm, the blanket prohibition contributes to the very harm it seeks to prevent. It is inconsistent with the state's interest in fostering individual and community health, and preventing death and disease," he wrote.
NUPGE
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring that our common wealth is used for the common good. NUPGE
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