April 29, 2008 VANCOUVER, British Columbia (AP) -- Operators of the only legal safe-injection site in North America, where people can inject illegal drugs with clean needles under a nurse's supervision, were in court Monday seeking a permanent exemption from Canada's drug laws.
The Insite pilot project in Vancouver's seedy Downtown Eastside neighborhood has operated for nearly five years under a temporary exemption that has been extended twice but which expires June 30.
Attorneys argued before British Columbia Supreme Court Justice Ian Pitfield that the site should be allowed to continue without being subject to the approval of federal health ministers.
The Portland Hotel Society, which operates Insite in conjunction with Vancouver Coastal Health Authority, says the facility is for public health and falls under provincial jurisdiction. The program should not be subject to the "whim" of the federal minister of health, argued John Conroy, lawyer for the Vancouver Area Network of Drug Users.
Under Canada's Constitution, criminal matters such as drug possession, trafficking and use fall under the jurisdiction of the federal government while health care is the responsibility of the provincial governments.
Federal Health Minister Tony Clement said no decision has been made on whether Insite will be allowed to remain open indefinitely.
"That's a decision that has to be made by the 30th of June. We're not making that decision today," Clement said.
Federal government lawyer John Hunter disagreed with studies that conclude the program has improved access to drug treatment and helped reduce street disorder in a crime-ridden neighborhood.
"They are allowed to use drugs without any discussion of treatment," he said.
The court hearing was to continue through the week.
Monique Gongracic-Speier, a lawyer for the Portland Hotel Society, testified that Insite has had about 220,000 visitors, 300 overdoses and no deaths.
Similar facilities operate in several European countries and in Australia.
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