Pneumatic Blogging

Vancouver’s controversial Insite clinic for drug addicts can stay open, after a landmark decision by the Supreme Court of Canada that offered a sharp rebuke to one of the Conservative government’s key law-and-order planks.

The nine justices ruled unanimously Friday that citizens’ health matters more than criminal anti-drug laws.

They ordered an immediate exemption that will allow the facility on East Hastings Street to remain open.

Their decision said that the federal drug law is valid, constitutional and applies to Insite, but the effect of denying addicts the services of Insite increased their risk of death and disease and that outweighed “any benefit of the criminal drug prohibition.”

Insite, which opened in September 2003, provides sanitary conditions for addicts while they inject drugs, medical supervision to help monitor for overdoses, clean needles and counselling for those seeking rehabilitation.

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Delivered by Chief Justice Beverley McLachlin, the high court’s decision said Ottawa’s attempt to close Insite was “arbitrary” and undermined the protection of health and public safety, a violation of the Charter of Rights.

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The ruling also said “morality” is irrelevant when it comes to determining Charter rights.

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The clinic was approved under the former Liberal government of prime minister Jean Chretien and the Conservatives always opposed it, balking at the idea addiction is an illness best treated by doctors instead of jailers.