OTTAWA -- The federal government plans to ask the Supreme Court of Canada to overturn a B.C. ruling that allowed a safe-injection site to remain open, Justice Minister Rob Nicholson said Tuesday.

On Jan. 15, the B.C. Court of Appeal dismissed the government’s appeal, which allowed Insite, North America’s only supervised injection site, to remain open.

“We recognize that injection drug users need assistance,” said Mr. Nicholson. “This is why our National Anti-Drug strategy focuses on prevention and access to treatment for those with drug dependencies.”

He said the government’s policy aim is to get tough on “drug dealers and producers who threaten the safety of our children and communities.

“Our message is clear: If you sell or produce drugs, you will face jail time,” said the minister.

Mr. Nicholson said the case has brought up jurisdictional issues between the provincial and federal governments and therefore needs clarification from the Supreme Court.

Insite originally opened in 2003 under a temporary exemption to national drug laws.

When the exemption was due to expire in 2008, Justice Ian Pitfield of the B.C. Supreme Court struck down sections of Canada’s drug laws as unconstitutional and granted the facility a permanent exemption.

The ruling indicated that closing a health care service that can prevent death and the transmission of infectious disease goes against the right to life and security that are outlined in the charter of rights.

The B.C. appeal court ruled health care services provided at Insite are a provincial, not federal, responsibility, so the court found it was unnecessary to rule on the facility’s constitutional right to exist.

The ruling upheld Justice Pitfield’s trial decision.

Mark Townsend, executive director of the Portland Hotel Society Community Services, which runs Insite with Vancouver Coastal Health, said he was disappointed by Ottawa’s plan to appeal.

“The courts have now ruled twice in favour of Insite,” he said. “We wish (Prime Minister) Stephen Harper would stop wasting court time and the taxpayers’ money and start helping to solve the drug problem in our community.”

Since Insite opened in 2003, there have been more than 40 peer-reviewed academic papers, reports and studies published in scientific medical journals verifying Insite’s success.

The reports concluded Insite prevents overdose deaths, limits the spread of disease, reduces public disorder and moves more people into detox and addiction treatment, while saving taxpayer dollars.

In 2008, the Portland Hotel Society and the Vancouver Area Network of Drug Users launched a constitutional challenge of the federal government’s power to close the facility, arguing the site, in the long term, saves lives and taxpayer money.

Vancouver Sun