(Black Press Media files)

Ontario court to hear challenge to prison needle ban this week

The Correctional Service has launched a program that offers some inmates access to sterile equipment

A constitutional challenge to the federal government’s refusal to provide clean needles in prisons is set to be heard by an Ontario court this week.

The challenge, filed by former inmate Steven Simons, is backed by a several HIV/AIDS advocacy organizations, who say current rules are arbitrary and disproportionate.

The organizations are expected to argue in court Monday that the lack of access to sterile syringes violate inmates’ rights to life, liberty and security of the person under the Charter of Rights and Freedoms.

“Due to the scarcity of sterile injection equipment in prison, people who inject drugs behind bars are forced to share and reuse injection equipment, significantly increasing their risk of contracting HIV and hepatitis C,” the Canadian HIV/AIDS Legal Network said in a statement.

“We will be arguing… that the federal government must meet its legal obligation to protect the health of people in prison. They can do this by introducing an effective prison needle and syringe program in every federal prison.”

The government has argued in court filings that giving clean drug-injection needles to prisoners would make federal facilities more dangerous, since syringes could be used as weapons.

The Correctional Service has, however, recently launched a program that offers inmates in some facilities access to sterile equipment. But court filings say the program is only available in a handful of Canada’s 43 federal prisons at this time.

Applicants in the court challenge are also expected to argue that the program nonetheless infringes on prisoners’ rights by depriving them of confidentiality, among other issues.

In a policy brief that reflects its arguments on the issue, the Canadian HIV/AIDS Legal Network says the details of the program reveal “serious deficiencies.”

The group says the program is based on a model used for inmates who require EpiPens or insulin injections, treatments for health conditions that are not stigmatized and do not imply that a prisoner is engaging in a forbidden activity.

It says inmates must obtain the approval of a warden to participate in the program, and are assessed based on security concerns rather than clinical need. Those who are denied have no alternative access to sterile equipment, meaning they are forced to reuse what they have, the group says.

Those who participate are also subject to twice daily “visual inspections” of their equipment, which clearly differentiates them from their peers, it says.

This contravenes accepted practices for prison needle-exchange programs, the organization says.

The challenge was launched in 2012 by Simons, who court documents say became infected with the hepatitis C virus and potentially exposed to HIV, the virus that can lead to AIDS, in his 12 years behind bars. He says another prisoner used his injection materials, and that they had no access to sterile equipment.

The B.C. Civil Liberties Association, which is intervening in the case, says HIV and hepatitis C are more prevalent in prisons than in the rest of the population, and that sharing needles is a primary culprit.

The association says it will argue in court that inmates are particularly vulnerable to violations of their constitutional rights “because the government has total control over every aspect of their daily lives, including their access to health care.”

A hearing was initially scheduled last month, but the case was delayed.

READ MORE: OD prevention sites possible at Canada’s prisons: Correctional Service

Paola Loriggio, The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Comox Valley Regional District awarded poverty reduction strategy grant

The Comox Valley Regional District (CVRD), in partnership with the City of… Continue reading

CVRD office and meetings re-opening to public

The office has been closed to the public since March 17 to help limit the spread of the coronavirus

NIC’s Metal Fabrication program returns to Campbell River

Metal fabricators build, assemble and repair products made of steel or other metals.

Courtenay development proposes expanded pub, condos

Courtenay council gave second reading Monday to a development application for a… Continue reading

Feds announce $8.3M to deal with ‘ghost’ fishing gear in B.C. waters

Ghost gear accounts for up to 70 per cent of all macro-plastics in the ocean by weight

B.C. identifies 20 new COVID-19 cases, travellers specified in count

Pandemic total 3,028 cases, 51 people from outside Canada

Campaign aims to raise $50K for young family of deceased Vancouver Island skydiver

James Smith, 34, died July 5 following incident in Nanoose Bay

Survey, hotline launched amid probe into racist blood-alcohol guessing game at B.C. hospital

Mary Ellen Turpel-Lafond has been appointed to lead an investigation by Health Minister Adrian Dix

Canadian policing organization calls for decriminalization of simple illicit drug possession

Canadian Association of Chiefs of Police want policing focus of opioid crisis to be replaced with a health one

B.C. ports part of data integration project to protect marine ecosystems

The $1.2 M federally funded program will draw crucial baseline data from Canada’s three coastlines

Filing deadline in RCMP sexual-harassment class-action extended due to COVID-19

Plaintiffs now have until January 2021 to submit claims for up to $222,000

Jamie Bacon pleads guilty to charge in Surrey Six case

The plea brings an end to a complex legal case that has spanned more than a decade

Hefty undeclared driver charges piling up, ICBC warns customers

Average extra penalty $2,971 after an at-fault accident

RCMP disarm man experiencing mental health crisis

The male pulled a knife on officers and then held it to his own throat expressing a desire to die

Most Read