Historique
Article de Périodique
Prospects for scaling-up supervised injection facilities in Canada: the role of evidence in legal and political decision-making (2013)
Auteur(s) :
E. HYSHKA ;
T. BUBELA ;
T. C. WILD
Article en page(s) :
468-476
Refs biblio. :
95
Domaine :
Drogues illicites / Illicit drugs
Langue(s) :
Anglais
Discipline :
SAN (Santé publique / Public health)
Thésaurus géographique
CANADA
Thésaurus mots-clés
SALLE DE CONSOMMATION A MOINDRE RISQUE
;
REDUCTION DES RISQUES ET DES DOMMAGES
;
POLITIQUE
;
LEGISLATION
Note générale :
Analyse en français : "Quel est le cadre juridique des premières salles d'injection supervisée au Canada ?", Lert F., Swaps 2012, n°68, p. 13-14.
Résumé :
Background: North America's first supervised injection facility - Insite - opened in Vancouver in 2003 under a special federal legal exemption. Insite has faced significant political and legal opposition, which culminated in a recent Supreme Court of Canada ruling that ordered the federal Minister of Health to extend the facility's exemption and cited evidence that the facility is life-preserving and does not increase public disorder. Officials in several other cities have initiated or accelerated preparations for new facilities due to speculation that the ruling provides sufficient legal basis to expand supervised injection in Canada. However, a comprehensive assessment of the barriers and facilitators to supervised injection facility scale-up is lacking.
Methods: This policy case study reviews a corpus of jurisprudence, legislation, scientific research and media texts to: describe the role of evidence in legal and political decision-making around Insite; analyze the implications of the Insite decision for new facilities; and discuss alternative avenues for supervised injection facility expansion.
Results: The Insite decision does not simplify the path towards new supervised injection facilities, but nor does it does pose an insurmountable hurdle. Whether new facilities will be established depends largely upon how the Minister of Health interprets the ruling, the proponents' ability to demonstrate need and support from municipal and provincial governments and community members. Formally defining supervised injection as within nurses' scope of practice could further efforts to establish new facilities.
Conclusion: Additional court action may be required to establish a stable legal and policy basis for supervised injection facilities in Canada.
KEY FINDINGS:
Despite the Supreme Court of Canada's recent support of North America's first supervised injection facility (Insite), additional court action may be required to establish a stable legal and policy basis for similar facilities in Canada.
Methods: This policy case study reviews a corpus of jurisprudence, legislation, scientific research and media texts to: describe the role of evidence in legal and political decision-making around Insite; analyze the implications of the Insite decision for new facilities; and discuss alternative avenues for supervised injection facility expansion.
Results: The Insite decision does not simplify the path towards new supervised injection facilities, but nor does it does pose an insurmountable hurdle. Whether new facilities will be established depends largely upon how the Minister of Health interprets the ruling, the proponents' ability to demonstrate need and support from municipal and provincial governments and community members. Formally defining supervised injection as within nurses' scope of practice could further efforts to establish new facilities.
Conclusion: Additional court action may be required to establish a stable legal and policy basis for supervised injection facilities in Canada.
KEY FINDINGS:
Despite the Supreme Court of Canada's recent support of North America's first supervised injection facility (Insite), additional court action may be required to establish a stable legal and policy basis for similar facilities in Canada.
Affiliation :
Addiction and Mental Health Research Laboratory, School of Public Health, University of Alberta, Edmonton, AB, Canada