In the halls of Parliament, on the pages of newspapers across the country and in international scientific journals, the aftershocks from the Tuesday decision by the British Columbia Supreme Court's Justice Ian Pitfield, which saved Insite and ruled a portion of the Controlled Drugs and Substances Act unconstitutional, are still reverberating. (For more on the decision, see our article published Wednesday.)
PARLIAMENTARY DISSENT
Yesterday, the government launched a retaliatory rhetorical salvo against Justice Pitfield and the proponents of supervised injection. During a briefing at the House of Commons Standing Committee on Health, Health Minister Tony Clement announced that he will ask Justice Minister Rob Nicholson to appeal .
"In my opinion supervised injection is not medicine -- it does not heal... There exists today a significant degree of uncertainty in the research and so, based on this, I believe that priority must be focused on treatment and prevention. For these reasons, fellow committee members, I can inform you today that I will be asking my colleague, Rob Nicholson, the minister of justice, to appeal Judge Pitfield's decision at the earliest possible opportunity."
Mr Clement then tersely said, "Thank you," and sat down to a chorus of boos from the assembled Liberal Party, NDP and Bloc Québecois MPs, with some cheering from his own partisans mixed in.
What happened next could not have been pleasant for Mr Clement: he had to sit in front of a crowd of outraged opposition members, including the Liberals' medical corps of Drs Carolyn Bennett, Hedy Fry and Keith Martin. Both Dr Fry and Dr Martin have treated drug addicted patients in Vancouver's downtown eastside, where the safe-injection site Insite is located. The official line from the Liberals was tough but somewhat restrained: "To ignore scientifically-based proof of the effectiveness of harm reduction programs for sake of ideology is not only irresponsible, it is playing politics with the lives of Canadians," Dr Bennett said in a yesterday after the committee meeting ended.
But the meeting itself was far more animated than that release would have you believe.
At one point, during the Q&A with the Minister after his statement, Dr Fry challenged Mr Clement's assertion that the "science is mixed" on Insite and that there is no medical consensus in favour of its continuing existence:
Dr Hedy Fry: [...] I wonder if the Minister's researchers were peer-reviewed. Did the Minister have his report from his advisory council peer-reviewed? Yes or no?
Tony Clement: It was independent--
Dr Hedy Fry: Yes or no.
Tony Clement: [Leaning over to hear whispered advice from an aide] It was not for publication. Those people are experts--
Dr Hedy Fry: Yes or no. You haven't answered my question.
Tony Clement: You don’t want to hear my answer.
For the sake of brevity, I didn't transcribe all the times Dr Fry interrupted Mr Clement's "Well..." and "First of all..." responses with her sharp "Yes or no." I'd estimate that happened about five or six times at least before Conservative MP David Tilson asked the committee chair for a point of order, demanding Dr Fry be more respectful of the minister. Liberal health critic Robert Thibault countered that Dr Fry's refusal to accept more of Mr Clement's repetition of propaganda was perfectly acceptable.
Bloc MP Christiane Gagnon told Mr Clement she was disappointed with his position on Insite. "We doubt your sincerity and ability to help society."
Libby Davies, of the NDP, said to Mr Clement, "To have low-threshold programs [such as safe-injection sites] to draw in hard-to-reach users is critical, and I don’t understand why you don’t get that. It is something about an ideological agenda you cannot move off of. The evidence shows that harm reduction is part of the continuum [of care]. I don’t understand why you don’t intellectually understand that."
Of course, not everyone who asked Mr Clement was as hard on him as Ms Davies, Dr Fry, Ms Gagnon, Dr Bennett and others were; Steven Fletcher, a Conservative MP and the Parliamentary Secretary for Health, spent his allotted time for questions praising the minister and lobbing softball questions that had obviously been scripted by the Minister's office ahead of time. Mr Fletcher also claimed, earlier in the meeting, that his constituency office in Winnipeg was "vandalized by supporters of Insite."
The witnesses who spoke before Mr Clement painted a clear picture of Insite's benefit, with few exceptions.
Neil Boyd, a Simon Fraser professor of criminology, said, "In an ideal world we would not need a safe-injection site, but we do not live in an ideal world."
Julio Montaner, the director of BC Centre for Excellence in HIV/ADS, told the committee his research had proved that Insite reduces the transmission of HIV.
Thomas Kerr, also of the BC Centre of Excellence in HIV/AIDS, said, "A large body of research endorsed by the world’s scientific community shows Insite is saving lives and doing what it was supposed to do, and does not appear to be having any negative effects on the community. This is the
only research that has passed peer review and was published in recognized medical journals," he added, in a direct shot at Colin Mangham, the author of the only anti-Insite journal article, published in the
Journal of Global Drug Policy and Practice, which Dr Kerr derscibed as "simply a website operated by a well known anti-harm reduction lobby group in US, and not indexed on Medline."
One of the most dramatic moments came just as the meeting got underway, when committee chair Joy Smith, a Conservative MP from Manitoba, unexpectedly began the meeting by reading a statement from Dr Donald Hedges, who had been scheduled to speak later in the day. The letter said that Dr Hedges's office had been picketed and his patients harrassed, and that he had been advised not to attend because he was thought to be in danger. "There is no way to engage in discussion about Insite. If you do, you are villified and slandered for voicing a professional opinion of criticism against Insite," Dr Hedges's message read. "This is not science this is bullying."
This unexpected twist -- the chair reading a message from a witness out of order -- upset Ms Gagnon. "It smacks of ideology," she said. "It's not that we aren't worried [for Dr Hedges's safety], but it sounds alarmist before we hear from witnesses."
SECOND SITE
In another surprising twist in the fallout from Tuesday's BC Supreme Court decision,
The Globe and Mail today the existence of a second safe-injection site in Vancouver. The Dr Peter Centre, an HIV/AIDS clinic, has been "quietly" running its own safe-injection program since 2002 and decided not to ask for a federal exemption to operate legally.
"Nurses working at the centre were witnessing rushed injections and a variety of health concerns," Maxine Davis, the clinic's executive director is quoted as saying. "And they decided if they knew what to do to prevent such things, why not do it?"
In fact, it seems the Dr Peter Centre was a poorly kept secret: the clinic's announces that it provides safe-injection services.
INTERNATIONAL CRITICISM
A member of the Canadian HIV/AIDS Legal Network, which has been this week in its criticism of the government's position on Insite and harm reduction, is the co-author of an in the prestigious journal
The Lancet that urges the United Nations to disband the anti-harm reduction International Narcotics Control Board (INCB). The INCB has provided much of the fuel for the Conservative government's opposition of harm reduction. Ms Joanne Csete, of the Canadian HIV/AIDS Legal Network, and Daniel Wolfe, of New York's Open Society Institute, write:
Despite the political appeal of zero-tolerance policies, UN member states have recognised that measures other than prohibition are required to address massive mortality and morbidity among drug users. For example, the unanimous declaration from the first HIV/AIDS Special Session of the General Assembly in 2001 included a pledge to ensure access to sterile injection equipment for people who use drugs, which was reiterated in 2006. UN agencies have also developed guidance on HIV prevention measures, including sterile-syringe programmes, and WHO added methadone and buprenorphine to its list of essential medicines in 2005.
But some UN-supported drug-control efforts undermine recognition of the importance of HIV prevention measures for people who use drugs. The International Narcotics Control Board (INCB), a 13-member body of experts serving in their personal capacities but whose functions are paid for by the UN, for example, remains out of step with the rest of the UN on HIV and harm reduction.
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