On Thursday, the Court of Appeal for British Columbia announced that on April 27, 2009, it will hear the federal government's request to have drug laws apply to a supervised injection facility in Vancouver.

Launched in 2003 under an exemption to Canadian drug laws, Insite allows addicts to inject their drugs while under medical supervision. However, the current federal government did not renew the exemption. Representatives for the facility and its clients sued to continue operating, and the B.C. Supreme Court ruled in May that denying addicts' access to such health care services violated their Charter rights to life, liberty, and security of the person.

The Supreme Court gave the government until June 30, 2009, to revise its Controlled Drugs and Substances Act and granted Insite constitutional protection from it in the meantime. A government attorney before the appeal court noted that its decision might not be issued before the June 30th deadline.

"The attorney general asks that the appeal be heard as soon as there is available time to hear it," said Paul Riley. "The implications are significant, what we're talking about is an order declaring an important law of no force and effect."

"The government should be doing their work as we speak" revising the law, not speeding the appeals process, said Joseph Arvay, a lawyer for the operators of Insite, the Portland Hotel Society (PHS).

Appeal Court Justice Anne Rowles said attorneys' schedules prevented hearing the case before spring.

Federal Health Minister Tony Clement has said Insite promotes drug use by enabling addicts. His spokesperson said Clement had no comment about the appeal.

Insite is supported locally by Vancouver's mayor, its police department, the provincial government, and by numerous academics and health care professionals. In addition to British Columbia's government, the B.C. Civil Liberties Association and Vancouver Coastal Health Authority may join PHS as interveners.

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