Thursday, May 29, 2008

Appeal the Safe Injection Site Ruling

The federal government is right to appeal the BC Supreme Court decision that stated closing the Vancouver safe-injection site would be unconstitutional. The judge, Mr. Ian Pitfield, felt that it violated the Charter of Rights and Freedoms to deny addicts the site for safe injection-drug use. The addicts' Charter rights guarantee life, liberty and security, and the court felt that closing the site and forcing these people into the streets and alleys would violate those rights and put them at risk. Justice Pitfield stated in court that "there is much to be said against denying addicts health care services that will ameliorate the effects of their condition". The court got this one wrong and the government should move to appeal this immediately, not because of the injection site itself, but because of the precedent this ruling sets and the preposterous claim that injecting illegal drugs with immunity from the law is a Charter right. The fact is that there are many services available for addicts and the health care system is open to them if they need any medical attention whatsoever. Contrary to what the judge believes, drug addicts are not being denying health care services. They can go to a walk-in clinic, they can go to a hospital, they can go to a detox program, they can get any number of services if they so wish. Perhaps there would be a case for arguing that there should be more money spent on such services, but equating a cubicle used for injecting drugs with vital health care services is a flawed assessment. 'Insite', the safe-injection site, is not a constitutional right. Society should not be bound to enable and assist drug addicts by the court's interpretation of our Constitution. That being said, 'Insite' should be granted another year-long exemption from drug laws. It is a noble experiment that is saving lives, slowing disease and reducing harm while we search for better solutions. But it is not a Charter right and the government is right to move quickly to appeal the decision that it is.

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