LEAP: BC Supreme rules safe injection site will remain open!

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For Immediate Release May 28, 2008

Medford, MA- The Supreme Court of British Columbia ruled yesterday that Canada's laws prohibiting possession and trafficking of drugs are unconstitutional.

Initiated by the nonprofit organization that runs Vancouver's Insite safe injection site and a group of addict activists, the case drew attention to Insite's unique abilities in addressing the public health crisis of drug addiction.

Justice Ian Pitfield agreed that denying access to Insite ignores the health issue of drug addiction. Pitfield released a 60-page ruling in which he found sections of the Federal Controlled Drugs and Substances Act to be inconsistent with Section 7 of the Charter of Rights and Freedoms, saying, "While there is nothing to be said in favor of the injection of controlled substances that leads to addiction, there is much to be said against denying addicts health care services that will ameliorate the effects of their conditions. I cannot agree with the submission that an addict must feed his addiction in an unsafe environment when a safe environment that may lead to rehabilitation is the alternative."

Pitfield gave lawmakers until June 30, 2009 to correct the law and reconcile it with the constitutional principle of fundamental justice. June 30 of this year is the day Insite's most recent exemption was due to expire. The ruling will prevent any attempt by the federal government to interfere with the operation of Insite until the law is changed to deal with Judge Pitfield's concerns or until appeals are completed.

Law Enforcement Against Prohibition applauds the BC Supreme Court's decision: drug addiction should be treated as a health issue, not a legal problem. In order to reduce the instances of death, disease, abuse and addiction, a system of legalized regulation must be implemented. The Supreme Court's ruling is certainly a step in the right direction.

For More Information Contact:

Mike Smithson

LEAP Operations Director

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