(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

Pretivm Resources reports fatality at Brucejack mine

The isolated incident occurred last Friday, and the employee passed away on Sunday in hospital

QUIZ: How much do you know about British Columbia?

On this B.C. Day long weekend, put your knowledge of our province to the test

Smoke seen over northern B.C. from wildfires in the U.S. and Siberia

Smoke was seen over Vanderhoof, Fort St. James and Prince George on Friday, July 31.

Vanderhoof RCMP urging residents to follow speed limits in the district

Staff Sgt. Laurie Clarkson said the detachment has received multiple calls for speeding

Northern B.C. SAR groups ‘rope rescue’ hiker near Fort Fraser

Volunteers from both Vanderhoof and Prince George helped in the rescue.

B.C. records 146 new COVID-19 cases through long weekend

More that 28 people tested positive for the virus each day since Friday

Canucks tame Minnesota Wild 4-3 to even NHL qualifying series

J.T. Miller leads Vancouver with goal and an assist

Cyclist in hospital after being hit by load of lumber hanging from truck on B.C. highway

A man is in hospital with broken ribs, punctured lung and a broken clavicle and scapula

COVID-19 vaccine efforts provide hope but no silver bullet to stop pandemic: Tam

There are more than two dozen vaccines for COVID-19 in clinical trials around the world

Two people die in propane heated outdoor shower near Princeton

Couple was attending a long weekend gathering

Racism in B.C. healthcare: Deadline for First Nations survey coming up on Aug. 6

Survey comes after hospital staff allegedly played a blood alcohol guessing game

‘We want to help’: As overdose deaths spike, beds lay empty at long-term Surrey rehab centre

John Volken Academy searching for ‘students’ to enlist in two-year residential treatment program

Study shines light on what makes LGBTQ+ youth feel safe in a community

The study goes beyond looking at school or family supports

Alberta to require masks at schools this fall, but still no mandate in B.C.

B.C. students are also set to return to classrooms in September

Most Read