At Federal Court of Canada, Pivot Legal Society and the Canadian Drug Policy Coalition successfully defend access to harm reduction and health care
(Photo credit: Peter Kim | From leftt to right: Pivot Legal staff lawyer Caitlin Shane and Monique Pongracic-Speier, QC, of Ethos Law Group LLP at Federal Court of Canada | December 10, 2018)
This past February, the Honourable Justice Richard Mosley rendered his judgement on a judicial review application to challenge three Health Canada-approved supervised consumption sites in downtown Edmonton. At issue were the competing interests and concerns of the Chinatown and Area Business Association (CABA) and people who use drugs whose lives and safety depends on accessing health care.
Community groups opposed to life-saving supervised consumption have long been a barrier to setting up these sites across Canada, which are already inundated with numerous bureaucratic and political roadblocks. We felt it was critical to appear before the Court on this matter to explain why supervised consumption is an imperative health service that cannot be dictated by community opinions and fears rooted in stigma.
That is why we represented the Canadian Drug Policy Coalition (CDPC) as an intervenor in CABA’s legal challenge—a challenge based on the unfounded notion that it was not adequately consulted in the Minister’s decision to approve these health services. Our lawyer Caitlin Shane and Ethos Law Group’s Monique Pongracic-Speier (QC) argued on behalf of the CDPC that under the law, third party non-applicants are not entitled to “procedural fairness” in the case of supervised consumption site approvals. In other words, a community organization is not owed the right to weigh in on such matters because they are principally health care decisions.Read more
Pivot Legal Society and Canadian Drug Policy Coalition successfully defend supervised consumption at Federal Court of Canada
For Immediate Release
February 28, 2019
The precedent-setting decision protects public health and harm reduction efforts from unnecessary barriers and interference from third parties
Vancouver, BC – This week, the Honourable Justice Mosley released his decision on a judicial review application brought forward by Edmonton’s Chinatown and Area Business Association (CABA). CABA challenged the approval of three desperately-needed supervised consumption sites in downtown Edmonton, asserting that it was not adequately consulted in Health Canada’s decision to approve the services.
In December 2018, the Canadian Drug Policy Coalition (CDPC), represented by Pivot Legal Society’s Caitlin Shane and Ethos Law Group’s Monique Pongracic-Speier (QC), intervened in the case, arguing that CABA and other third parties do not have a mandatory right to weigh in on the approval of consumption sites in Canada. Instead, public health and safety should be the principal concern of the government in considering applications, as this would best protect the Constitutional rights to safety and security for people who use drugs accessing life-saving services.Read more
Project Inclusion: BC’s income support programs, shelters, and hospitals exist to serve people in need. But across the province, people are experiencing barriers to accessing income assistance, they’re shut out of shelters, and stigma and racism are surfacing in how they are treated in hospitals. These are public services that should serve the public good, but their inaccessibility is putting the health, safety, and human rights of marginalized people at risk. [Read more]
Pivot Legal Society applauds Supreme Court of Canada decision to strike down mandatory victim fine surcharge
For Immediate Release
December 14, 2018
Vancouver, BC – In a 7 to 2 ruling, the Supreme Court of Canada has struck down the mandatory victim fine surcharge. Pivot Legal Society applauds this decision, which will alleviate the unjust and cruel penalty previously imposed on members of marginalized communities, including in the Downtown Eastside.
In April 2018, Pivot Legal Society, along with lawyers Graham Kosakoski, Naomi Moses (Rosenberg Law), and DJ Larkin intervened in the case to argue that a mandatory victim fine surcharge amounts to cruel and unusual punishment. The Supreme Court decision directly referenced our submissions and indicated:
"therefore [the surcharge] violates Section 12 of the charter, because its impact and effects create circumstances that are grossly disproportionate to what would otherwise be a fit sentence, outrage the standards of decency, and are both abhorrent and intolerable."Read more
Pivot Legal Society and Canadian Drug Policy Coalition defend access to harm reduction at Federal Court of Canada
For Immediate Release
December 10, 2018
A precedent-setting legal challenge that could affect harm reduction efforts across Canada
(Photo credit: Peter Kim | Pivot Legal drug policy lawyer Caitlin Shane and Monique Pongracic-Speier, QC, Ethos Law Group LLP at Federal Court of Canada | December 10, 2018)
Edmonton, AB – Today Caitlin Shane, Pivot Legal Society’s drug policy lawyer, and Monique Pongracic-Speier, QC, of Ethos Law Group LLP, argued on behalf of the Canadian Drug Policy Coalition (CDPC) to protect public health and the Charter rights (Section 7 right to life, liberty, and security of the person) of people who require supervised consumption services.
In October, Edmonton’s Chinatown and Area Business Association brought forward a legal challenge (judicial review) to Health Canada’s approval of supervised consumption services in downtown Edmonton, arguing it was not adequately consulted in the decision. If the challenge is successful, the decision could impact how supervised consumption sites across Canada are approved; namely, by adding unacceptable delays to the provision of life-saving health services.Read more
As part of our in-depth interviews for Project Inclusion, we found one thing connecting and driving the experiences of all study participants and the laws and policies discussed in this report: stigma. We close our report with the introduction of a new tool to audit for stigma in BC’s laws, policies, and provision of services. The aim is to reveal that which can be difficult to define or make tangible. By making stigma visible, we can change the systemic processes that hold it up and allow it to cause harm.
Read the other chapters of #ProjectInclusion:
- Policing: The Impacts of Police and Policing
- Justice System: Everything Becomes Illegal: How Court-Imposed Conditions Set People up to Fail
- Services: No Access, No Support: Service Gaps and Barriers
- Read our recommendations for change
As of July 31, 2018 there have been 878 fatal overdoses in British Columbia, a crisis fuelled by stigma permeating government policy and daily life. Prohibition has proven itself a failed policy that forces people into the illicit drug market and criminalizes people who use substances.
Click here for interactive graphRead more
(Note: This is a guest blog post by Olivia Nicoletti, a first-year UBC student interested in law. Students met with Pivot to learn about our core values and were then given the opportunity to engage in community learning, such as a tour of Insite or naloxone training. They were then asked to write op-eds on a topic of their choosing, relating their experiences and reflecting on their learning.)
Around 1,420 lives were lost to overdoses in British Columbia in 2017. My uncle was one of them. On a Friday night, after an evening out, he found himself at a location known for illicit substance use in Victoria. By Saturday morning he had passed away and become a faceless statistic—one of many that has dominated headlines for years.Read more