Insite is the first legal
supervised drug injection site in
North America
North America is a continent in the Northern Hemisphere and almost entirely within the Western Hemisphere. It is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South America and the Car ...
, located at 139 East Hastings Street, in the
Downtown Eastside
The Downtown Eastside (DTES) is a neighbourhood in Vancouver, British Columbia, Canada. One of the city's oldest neighbourhoods, the DTES is the site of a complex set of social issues including disproportionately high levels of drug use, homeles ...
(DTES) neighbourhood of
Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...
,
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
. The DTES had 4700 chronic drug users in 2000 and has been considered to be the centre of an "injection drug epidemic". The site provides a supervised and health-focused location for injection drug use, primarily
heroin
Heroin, also known as diacetylmorphine and diamorphine among other names, is a potent opioid mainly used as a recreational drug for its euphoric effects. Medical grade diamorphine is used as a pure hydrochloride salt. Various white and brow ...
.
[Vancouver site report for the Canadian Community Epidemiology Network on Drug Use (CCENDU), 2005](_blank)
The clinic does not supply any drugs.
CBC, 2011-09-30] Medical staff are present to provide addiction treatment, mental health assistance, and
first aid
First aid is the first and immediate assistance given to any person with either a minor or serious illness or injury, with care provided to preserve life, prevent the condition from worsening, or to promote recovery. It includes initial in ...
in the event of an
overdose
A drug overdose (overdose or OD) is the ingestion or application of a drug or other substance in quantities much greater than are recommended. or
wound
A wound is a rapid onset of injury that involves laceration, lacerated or puncture wound, punctured skin (an ''open'' wound), or a bruise, contusion (a ''closed'' wound) from blunt force physical trauma, trauma or compression. In pathology, a '' ...
. In 2017, the site recorded 175,464 visits (an average of 480 injection room visits per day) by 7,301 unique users; 2,151 overdoses occurred with no fatalities, due to intervention by medical staff.
[''Vancouver Coastal Health: Insite.''] The site also offers a free checking service so clients can check their substances for fentanyl and carfentanil.
Health Canada
Health Canada (HC; french: Santé Canada, SC)Health Canada is the applied title under the Federal Identity Program; the legal title is Department of Health (). is the Structure of the Canadian federal government#Departments, with subsidiary unit ...
has provided
$500,000 per year to operate the site, and the
BC Ministry of Health
The Ministry of Health is a provincial government department responsible for the Canadian province of British Columbia's health system, with a mandate to guide and enhance the province's health services to ensure British Columbians are supported ...
contributed $1,200,000 to renovate the site and cover operating costs. Insite also serves as a resource for those seeking to use a
harm reduction
Harm reduction, or harm minimization, refers to a range of public health policies designed to lessen the negative social and/or physical consequences associated with various human behaviors, both legal and illegal. Harm reduction is used to de ...
approach for people who inject drugs around the world. In recent months and years, delegations from a number of countries are on record touring the facility, including various U.S. states, Colombia and Brazil. 95% of drug users who use Insite also inject on the street according to a British Columbia health official.
Operation
Insite is operated in tandem by
Vancouver Coastal Health
Vancouver Coastal Health (VCH) is a regional health authority that provides health services including primary, secondary, tertiary and quaternary care, home and community care, mental health services, population and preventive health and addictio ...
and the
Portland Hotel Society. Between September 2003 and July 2008, the site operated under a special exemption of Section 56 of the
Controlled Drugs and Substances Act
The ''Controlled Drugs and Substances Act'' (french: Loi réglementant certaines drogues et autres substances) (the ''Act'') is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals ...
, granted by the
Liberal government Liberal government may refer to:
Australia
In Australian politics, a Liberal government may refer to the following governments administered by the Liberal Party of Australia:
* Menzies Government (1949–66), several Australian ministries under S ...
via Health Canada. The site was slated to close on September 12, 2006, as the exemption was for a three-year pilot project. The
Conservative minority government granted a temporary extension, then added another six-month extension that was to end in mid-2008. A constitutional challenge was heard by the
Supreme Court of British Columbia
Supreme may refer to:
Entertainment
* Supreme (character), a comic book superhero
* ''Supreme'' (film), a 2016 Telugu film
* Supreme (producer), hip-hop record producer
* "Supreme" (song), a 2000 song by Robbie Williams
* The Supremes, Motown-e ...
to keep Insite open after
Federal Health Minister Tony Clement refused to renew the exemption beyond July 2008. The court ruled that laws prohibiting possession and trafficking of drugs were unconstitutional because they denied drug users access to Insite's health services. Justice Ian Pitfield gave
Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
until 30 June 2009 to amend the Controlled Drugs and Substances Act and bring it in line with the constitutional principle of fundamental justice (section seven of the
Canadian Charter
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
). The
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
did not amend the law meaning Insite currently operates under a constitutional exception to the Controlled Drugs and Substances Act.
Research
When founded, Insite acquired legal exemption under the condition that its impacts be thoroughly evaluated.
Consequently, the site has been the focus of more than thirty studies,
[British Columbia Centre for Excellence in HIV/AIDS (June 2009)]
Findings from the Evaluation of Vancouver’s Pilot Medically Supervised Safer Injection Facility – Insite
(PDF, p. 5). published in 15 peer-reviewed journals.
The research indicates an array of benefits, including reductions in public injecting and syringe sharing and increases in the use of
detoxification
Detoxification or detoxication (detox for short) is the physiological or medicinal removal of toxic substances from a living organism, including the human body, which is mainly carried out by the liver. Additionally, it can refer to the period of ...
services and addiction treatment among patients. In addition, studies assessing the potential harms of the site have not observed any adverse effects.
Preliminary observations published in 2004 in the journal ''Harm Reduction'' indicate that the site successfully attracted injecting drug users and thus decreased public drug use. However, the researchers cautioned that a full assessment of the site would take several years.
Additional research in the ''
Canadian Medical Association Journal
The ''Canadian Medical Association Journal'' (French ''Journal de l'Association Médicale Canadienne'') is a peer-reviewed general medical journal published by the Canadian Medical Association (CMA). It publishes original clinical research, anal ...
'' suggests that the site has reduced public injections, neighbourhood litter, and needle sharing. Two studies in the journal ''
Addiction
Addiction is a neuropsychological disorder characterized by a persistent and intense urge to engage in certain behaviors, one of which is the usage of a drug, despite substantial harm and other negative consequences. Repetitive drug use o ...
'' and in the ''
New England Journal of Medicine
''The New England Journal of Medicine'' (''NEJM'') is a weekly medical journal published by the Massachusetts Medical Society. It is among the most prestigious peer-reviewed medical journals as well as the oldest continuously published one.
Hist ...
'' indicate that patients at the site have increased their use of detoxification services and long-term addiction treatment. Furthermore, research in ''
The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal and one of the oldest of its kind. It is also the world's highest-impact academic journal. It was founded in England in 1823.
The journal publishes original research articles, ...
'' indicates that the site substantially reduces the sharing of syringes. A study in the journal ''Substance Abuse Treatment, Prevention, and Policy'' revealed that local police facilitate use of Insite, especially among high-risk users. The researchers concluded that the site "provides an opportunity to... resolve some of the existing tensions between public order and health initiatives."
A 2008 cost-benefit analysis of the site in the ''Canadian Medical Association Journal'' observed net-savings of $18 million and an increase of 1175 life-years over ten years. Another cost-benefit analysis published in the ''International Journal of Drug Policy'' in 2010 determined that the site prevents 35 cases of HIV and about three deaths per year, indicating a yearly net-societal benefit of more than $6 million.
An editorial in the ''Canadian Medical Association Journal'' noted that after three years of research "a remarkable consensus that the facility reduces harm to users and the public developed among scientists, criminologists, and even the Vancouver Police Department."
In 2011, the Lancet published a study by a team of researchers from the
University of British Columbia
The University of British Columbia (UBC) is a public university, public research university with campuses near Vancouver and in Kelowna, British Columbia. Established in 1908, it is British Columbia's oldest university. The university ranks a ...
(UBC), claiming 35% decreases in overdose deaths around Insite due to its presence. In the next issue of the scientific journal, a response was published lead by Gary Christian, the research director of Drug Free Australia, that claimed that any decreases in overdose mortality can be sufficiently explained by drug user displacement due to a police crackdown in the area. They claimed that an increase of 48-66 police in 2003 were the cause of any reductions in overdoes. The original study's authors replied in the same issue, noting that the police crackdown cited actually ended a few weeks after the start of the Insite project and, therefore, decreases can't be accredited to increased policing.
Reception
Insite enjoys strong local support.
While Insite is well liked throughout British Columbia, its popularity is highest inside Vancouver, where some 76% of residents expressed support for the facility.
Furthermore, according to a 2007 national survey by Mustel Group, some 63% of Canadians believe the federal government should renew the Insite's mandate while 27% oppose. Support is lowest among Conservatives, only half of whom believe the site should continue operating.
Among clients, 95% or greater rated the facility's services as excellent or good, and its staff as reliable, respectful, and trustworthy.
Partners of Insite include the City of Vancouver, the
Vancouver Police Department
The Vancouver Police Department (VPD) (french: Service de police de Vancouver) is the police force for the City of Vancouver in British Columbia, Canada. It is one of several police departments within the Metro Vancouver Area and is the second ...
, and the PHS Community Services Society. The site has the support of Vancouver's former mayor
Gregor Robertson, former mayor
Sam Sullivan
Sam Sullivan (born November 13, 1959) is a Canadian politician who had served as the MLA for Vancouver-False Creek. Previously, he served as the Minister of Communities, Sport and Cultural Development with responsibility for Translink in the ...
,
[Support grows for Vancouver's safe-injection site]
." CTV/Canadian Press
The Canadian Press (CP; french: La Presse canadienne, ) is a Canadian national news agency headquartered in Toronto, Ontario. Established in 1917 as a vehicle for the time's Canadian newspapers to exchange news and information, The Canadian Pre ...
. July 18, 2006. former Premier of British Columbia
Gordon Campbell
Gordon Muir Campbell, (born January 12, 1948) is a retired Canadian diplomat and politician who was the 35th mayor of Vancouver from 1986 to 1993 and the 34th premier of British Columbia from 2001 to 2011.
He was the leader of the British Co ...
,
[Bailey, Ian.]
Fate of safe-injection site remains up in the air
" ''The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
.'' October 3, 2007. and former Vancouver mayors
Larry Campbell
Larry W. Campbell (born 28 February 1948) is a Canadian politician that served as the 37th mayor of Vancouver, Canada from 2002 until 2005 and since 2005 has been a member of the Senate of Canada.
Before he was mayor, Campbell worked for t ...
,
Mike Harcourt
Michael Franklin Harcourt, OC (born January 6, 1943) served as the 30th premier of British Columbia from 1991 to 1996, and before that as the 34th mayor of Vancouver, BC's largest city, from 1980 to 1986.
Early life and education
Harcourt was ...
, and
Philip Owen
Philip Walter Owen (March 11, 1933 – September 30, 2021) was the 36th mayor of Vancouver, British Columbia from 1993 to 2002, making him one of Vancouver's longest serving mayors. His father was Walter S. Owen, who was Lieutenant Governor o ...
.
[Mickleburgh, Mike.]
Vancouver ex-mayors speak up for injection site
" ''The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
.'' August 22, 2006. The
International AIDS Society
The International AIDS Society (IAS) is the world's largest association of HIV/AIDS professionals, with 11,600 members from over 170 countries , including clinicians, people living with HIV, service providers, policy makers and others. It aims to r ...
, B.C. Centre for Excellence in HIV-AIDS, and the
Canadian Union of Public Employees
The Canadian Union of Public Employees (CUPE; french: Syndicat canadien de la fonction publique, links=no; french: SCFP, link=, label=none) is a Canadian trade union serving the public sector – although it has in recent years organized workpl ...
have also expressed support for Insite. Though initially opposed to the safe injection site, the
Chinatown
A Chinatown () is an ethnic enclave of Chinese people located outside Greater China, most often in an urban setting. Areas known as "Chinatown" exist throughout the world, including Europe, North America, South America, Asia, Africa and Austra ...
and
Gastown
Gastown is the original settlement that became the core of the city of Vancouver, British Columbia, Canada, and a national historic site and a neighbourhood in the northwest section of the Downtown Eastside, adjacent to Downtown Vancouver.
Its hi ...
merchants associations now support it.
International supporters include the
UK-based
think tank
A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmenta ...
Senlis Council, the Australian Parliamentary Group for Drug Law Reform,
and the American
Drug Policy Alliance
The Drug Policy Alliance (DPA) is a New York City–based nonprofit organization that seeks to advance policies that “reduce the harms of both drug use and drug prohibition, and to promote the sovereignty of individuals over their minds and b ...
.
The site drew criticism from the
Bush administration; the director of the
White House Office of National Drug Control Policy called Insite "state-sponsored suicide" on its opening.
In 2006, the
Canadian Police Association
The Canadian Police Association (CPA) is an advocacy and fundraising organization that is also a registered lobbyist with the Canadian government. The CPA represents Canadian police officers. It is divided into 27 regional chapters at municipal, ...
voted unanimously to encourage the federal government to stop funding Insite and instead invest in a national drug strategy.
Moreover, Federal Health Minister
Tony Clement
Tony Peter Clement (born January 27, 1961) is a Canadian former federal politician and former Member of Parliament for Parry Sound—Muskoka in Ontario. Before entering federal politics, Clement served as an Ontario cabinet minister, including ...
branded Insite an "abomination," telling the ''
Vancouver Sun
The ''Vancouver Sun'', also known as the ''Sun'', is a daily broadsheet newspaper based in Vancouver, British Columbia, Canada. The newspaper is currently published by the Pacific Newspaper Group, a division of Postmedia Network. Published s ...
'' that "allowing and/or encouraging people to inject heroin into their veins is not harm reduction... it is a form of harm addition."
The
Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
(RCMP) has also criticized Insite. This is despite a report commissioned by the RCMP and conducted by two
criminologists
Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and so ...
that concluded in favour of the injection site.
[B.C. injection site to continue operating, for now]
" CBC. September 1, 2006. The RCMP in British Columbia had agreed to announce their support for Insite in 2009 at a joint news conference with the BC Centre for Excellence in HIV/AIDS; they planned to note "an extensive body of Canadian and international peer-reviewed research reporting the benefits of supervised injection sites and no objective peer-reviewed studies demonstrating harms", and they were to admit that reports commissioned by the RCMP criticizing Insite "did not meet conventional academic standards." However, the RCMP in British Columbia were ordered by headquarters in Ottawa to cancel the news conference days before the event.
The most significant published criticism has been an article by Colin Mangham, the director of research for the Drug Prevention Network of Canada, in the online-only ''
Journal of Global Drug Policy and Practice'' (JGDPP), which is said to be "posing as open-access,
peer-reviewed
Peer review is the evaluation of work by one or more people with similar competencies as the producers of the work (peers). It functions as a form of self-regulation by qualified members of a profession within the relevant field. Peer review ...
scientific journal"
In the article Mangham claims that "the published evaluations and especially reports in the popular media overstate findings, downplay or ignore negative findings, report meaningless findings and overall, give an impression the facility is successful, when in fact the research clearly shows a lack of program impact and success."
He also claimed that interviews with area treatment centres revealed no referrals from Insite, and that police presence was deliberately bolstered in the area.
Based on this article, Tony Clement told an August 2007 meeting of the
Canadian Medical Association
The Canadian Medical Association (CMA; french: Association médicale canadienne, AMC) is a national, voluntary association of physicians and medical learners that advocates on national health matters. Its primary mandate is to drive positive ch ...
that his belief that Insite should close had been reaffirmed. Clement stated that "there has been more research done, and some of it has been questioning of the research that has already taken place and questioning of the methodology of those associated with Insite."
The ''Journal of Global Drug Policy and Practice'' that Clement was referring to is run by the
Drug Free America Foundation
The Drug Free America Foundation (DFAF) is a 501(c)(3) nonprofit organization founded in 1976 by former US Ambassador Mel Sembler, his wife Betty Sembler (), and Joseph Zappala as Straight, Inc., renamed The Straight Foundation, Inc. in 1985 and ...
, and received much of its initial funding in a $1.5 million grant from a
U.S. Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
agency now under investigation for corruption.
Mangham's article has been questioned because it dismisses more than 20 peer-reviewed studies published in reputable medical journals such as ''
The Lancet
''The Lancet'' is a weekly peer-reviewed general medical journal and one of the oldest of its kind. It is also the world's highest-impact academic journal. It was founded in England in 1823.
The journal publishes original research articles, ...
'', the ''
New England Journal of Medicine
''The New England Journal of Medicine'' (''NEJM'') is a weekly medical journal published by the Massachusetts Medical Society. It is among the most prestigious peer-reviewed medical journals as well as the oldest continuously published one.
Hist ...
'', and the ''
British Medical Journal
''The BMJ'' is a weekly peer-reviewed medical trade journal, published by the trade union the British Medical Association (BMA). ''The BMJ'' has editorial freedom from the BMA. It is one of the world's oldest general medical journals. Origi ...
'', all of which indicate that Insite has a positive effect.
The ''
Journal of Global Drug Policy and Practice'' (JGDPP) article, which was commissioned and financed by the RCMP, drew further criticism in the journal ''
Open Medicine'', where a commentary described it as being "fraught with a host of outright factual inaccuracies and unsubstantiated claims." More than 130 scientists signed a petition endorsing the commentary, which also criticized the government's evaluation of Insite as distortive and politicized.
Another commentary in the ''International Journal of Drug Policy'' characterized the government's evaluation as "what may be a serious breach of international scientific standards".
In answer to an op-ed in ''
National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with ...
'' by Thomas Kerr, one of the co-authors of the Lancet study, the President for Drug Prevention Network of Canada, Gwendolyn Landolt, maintained her organization's view that the research on Insite is flawed. She said that much of the research on Insite was done by scientists who had lobbied for the clinic's establishment and that they consequently lacked objectivity. She further suggested that these researchers conspire with the editors of academic journals so that their papers are reviewed by referees that supports harm reduction. Gwendolyn Landolt also maintained that data shows that deaths from drug overdoses have actually increased in the vicinity of Insite most years since its inception, contrary to the point made by the allegedly biased Thomas Kerr in his preceding commentary. The next day the Provincial Health Officer Dr.
Perry Kendall
Perry Kendall, (born 1943) is a Canadian Public health physician who was Provincial Health Officer (PHO) for the Canadian province of British Columbia's health ministry from 1999-2018 and was awarded the Order of British Columbia for contributio ...
said he had never heard of the data Ms. Landolt refers to and confirmed Thomas Kerr's assertion that death from drug overdoses have indeed declined in the preceding years – especially so in the vicinity of Insite.
Later in 2011 Drug Free Australia sent a complaint to the Vice President of UBC, raising concerns of the scientific integrity of the studies authors. In reviewing the matter,
Mark Wainberg
Mark Arnold Wainberg, (21 April 1945 – 11 April 2017) was a Canadian HIV/AIDS researcher and HIV/AIDS activist. He was the Director of the McGill University AIDS Centre at the Montreal Jewish General Hospital and Professor of Medicine an ...
of McGill University found that "the allegations that have been made by ‘Drug Free Australia’ are without merit and are not based on scientific fact. In contrast, it is my view that the work that has been carried out by the team of Thomas Kerr ''et al'' is scientifically well-founded and has contributed to reducing the extent of mortality and morbidity in association with the existence of the safer injection facility."
The campaign to launch Insite is profiled in
Nettie Wild's documentary film ''
FIX: The Story of an Addicted City''.
["Fix becomes part of the solution". '']Montreal Gazette
The ''Montreal Gazette'', formerly titled ''The Gazette'', is the only English-language daily newspaper published in Montreal, Quebec, Canada. Three other daily English-language newspapers shuttered at various times during the second half of th ...
'', November 8, 2003.
Government and legal controversy
While the
Liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
government allowed Insite to open, between 2006 and 2015 its fate had been the responsibility of the
Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
government, which was not as supportive of it. Former Conservative
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Stephen Harper
Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
voiced opposition to the injection site in the past, saying, "We as a government will not use taxpayers' money to fund drug use."
[No AIDS announcement during 'politicized' week: Ottawa]
" CBC. August 17, 2006. In mid-July 2006, Conservative
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
David Fletcher stated that the government would let Insite's special exemption lapse before deciding whether to continue the project.
[Salinas, Eva.]
Safe injection site's fate debated anew
" ''The Globe and Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it ...
.'' July 26, 2006. The following week a spokesman for
Tony Clement
Tony Peter Clement (born January 27, 1961) is a Canadian former federal politician and former Member of Parliament for Parry Sound—Muskoka in Ontario. Before entering federal politics, Clement served as an Ontario cabinet minister, including ...
, the
Minister of Health A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services.
Some governments have separate ministers for mental health.
Coun ...
, refuted that, saying that a decision had not been made yet.
During the
XVI International AIDS Conference
The XVI International AIDS Conference was held in Toronto, Ontario, during the week of 13–18 August 2006. This was the third time that Canada has hosted the International AIDS Conference, after Montreal in 1989 and Vancouver in 1996. The main v ...
, held in
Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...
, two high-ranking Liberal MPs (
Bill Graham and
Keith Martin) put their support behind the centre, and criticized the Conservative government for delaying their decision.
Insite supporters also demonstrated in Toronto during the conference, prompting the government to further delay any announcement, citing the week's "politicized" nature.
On September 1, 2006, Federal Health Minister Tony Clement deferred the decision of whether to extend the exemption for the site, citing a need for more research.
However, on the same day the government cut all funding for future research, amounting to $1.5 million in lost research money.
[Gohier, Philippe.]
Unwelcome Insite
" Macleans.ca. December 11, 2006. On August 13, 2007, the
Portland Hotel Society and two clients of the facility filed suit in the
BC Supreme Court
BC most often refers to:
* Before Christ, a calendar era based on the traditionally reckoned year of the birth of Jesus of Nazareth
* British Columbia, the westernmost province of Canada
* Baja California, a state of Mexico
BC may also refer to: ...
to keep the centre open, arguing that its closure would be a violation of the
Charter right of Insite users to "security of the person." On October 4, 2007, during the announcement of its $64-million drug strategy, the Conservative government announced that Insite will be granted another six-month extension, allowing it to operate until June 30, 2008.
In 2008 Minister Clement explained his position during a House of Commons debate period:
Mr. Clement's stance is based in part upon findings in the ''
Journal of Global Drug Policy and Practice'', a fringe science journal.
In May 2008, the B.C. Supreme Court struck down sections of the Canadian
''Criminal Code'' prohibiting drug trafficking and possession, ruling that they contravened the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
. While this ruling does not take effect until next year, Justice Ian Pitfield also granted Insite an immediate exemption to federal drug laws, giving it legal grounds to continue operating.
[Drug laws unconstitutional: B.C. Supreme Court]
CBC News (The Canadian Press), 27 May 2008. Several days later the
federal government
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
announced plans to appeal the decision to the
B.C. Court of Appeal.
[Federal government to appeal B.C. court ruling on supervised injection sites]
CBC News (The Canadian Press), 29 May 2008. On 15 January 2010, the B.C. Court of Appeal dismissed the federal government's appeal in a 2–1 ruling.
CBC News (The Canadian Press), 15 January 2010. Three weeks later the federal government announced that it would appeal to the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
.
[Ottawa to appeal injection site ruling]
CBC News (The Canadian Press), 9 February 2010. On February 10, some 150 people protested the federal government's decision to further appeal.
The protesters barred Prime Minister Harper from attending a dress rehearsal for the Vancouver Chinatown Spring Festival Celebration. On February 12, The
Canadian Union of Public Employees
The Canadian Union of Public Employees (CUPE; french: Syndicat canadien de la fonction publique, links=no; french: SCFP, link=, label=none) is a Canadian trade union serving the public sector – although it has in recent years organized workpl ...
sent an open letter to Harper, urging him to accept the ruling of the lower courts and allow Insite to remain open.
Of nine
interveners in the Supreme Court case, one supported the Conservative government's case to close the injection site:
REAL Women of Canada
REAL Women of Canada () is a socially conservative advocacy group in Canada. The organization was founded in 1983.
REAL stands for "Realistic, Equal, Active, for Life". The group believes that the nuclear family is the most important unit in C ...
, a social conservative organization.
The other eight, including the
Canadian Medical Association
The Canadian Medical Association (CMA; french: Association médicale canadienne, AMC) is a national, voluntary association of physicians and medical learners that advocates on national health matters. Its primary mandate is to drive positive ch ...
argued against the case for closure of the facility.
The ''REAL Woman of Canada'' group argued that the site would discourage drug users from ceasing their habit, and that they would get "worse and worse until they die" while their families and communities suffered.
In May 2011 a lawyer for the Federal government told the Supreme Court that the government had not decided whether to continue or end support for Insite, contrary to previous statements by Minister of Health Tony Clement; that statement was derided in court as disingenuous by
Joseph Arvay
Joseph James Arvay, (March 18, 1949December 7, 2020) was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.
Early life and education
He was born in Welland, Ontario in 1949. As a law studen ...
, a lawyer for PHS Community Services Society.
On September 29, 2011, the Supreme Court of Canada ruled unanimously in ''
Canada (AG) v PHS Community Services Society
is a leading Supreme Court of Canada case dealing with the application of the criminal law and healthcare heads of power found in section 91 and section 92 of the ''Constitution Act, 1867'' and the principles of fundamental justice in section ...
'' that Clement's decision to withdraw Insite's exemption under the
Controlled Drugs and Substances Act
The ''Controlled Drugs and Substances Act'' (french: Loi réglementant certaines drogues et autres substances) (the ''Act'') is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals ...
was "arbitrary, undermining the very purposes of the CDSA, which include public health and safety. It is also grossly disproportionate: the potential denial of health services and the correlative increase in the risk of death and disease to injection drug users outweigh any benefit that might be derived from maintaining an absolute prohibition on possession of illegal drugs on Insite’s premises." The Court
ordered Clement to grant an exemption to Insite forthwith, allowing the facility to stay open indefinitely.
After the Supreme Court decision in 2011, the ruling majority Conservative party tabled a bill titled "The Respect for Communities Act", which would create a federal regulatory framework for supervised injection sites such as Insite. Bill C-65 includes provision for certification and inspections. It gives the federal Minister of Health sole authority for exemptions to drug laws, but would require support letters from provincial health and public safety ministers before a site can be licensed. Bill C-65 died with prorogation but its replacement, Bill C-2, was one of the first pieces of legislation tabled when the House resumed in Fall 2013. Bill C-2 is nearly identical to Bill C-65 but is slated to be considered by the Standing Committee on Public Safety, rather than the Standing Committee on Health. Once this legislation passes, Insite will have to meet new requirements in order to continue operating, and it will have to report on how the facility has affected local crime rates, and both public and individual health.
References
Works cited
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External links
Insite websiteVancouver Coastal Health websiteConstitutional law scholar Hester Lessard discusses the Downtown Eastside, Insite, and jurisdictional justiceMcGill University, 2011
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Drug policy of Canada
Drug rehabilitation
Organizations based in Vancouver
Charities based in Canada
Drug culture