(Black Press Media files)

(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

skip2
Rimbey Christian School students experience the joy of giving

Grades three and four students raised $2,000 for Somalian children

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, confirmed eight additional virus-deaths Monday afternoon including one in central zone. (Photo by Chris Schwarz/Government of Alberta)
New record: Red Deer at 236 active COVID cases

One more death in central zone reported

Janelle Robinson owns and operates Spirit’s Respite Ranch near Stettler. The Ranch, just north of Stettler, is an animal therapy ranch that helps those with special needs and conditions ranging from PTSD to anxiety. Mark Weber/Stettler Independent
Spirit’s Respite Ranch near Stettler provides support through animal interaction

‘I also come from a family of doers - if something that is needed isn’t there, you just figure it out’

Sylvan Lake RCMP Detachment. Photo Courtesy of Google Maps
Sylvan Lake RCMP address three key areas of resident concern

RCMP were notified of these main areas of concern through an online Town Hall

Alberta had 1,571 active COVID-19 cases on Tuesday. THE CANADIAN PRESS
Alberta’s central zone now has 1,101 active COVID-19 cases

Provincial death toll has risen by nine

Idyllic winter scenes are part of the atmosphere of the holiday season, and are depicted in many seasonal movies. How much do you know about holiday movies? Put your knowledge to the test. (Pixabay.com)
QUIZ: Test your knowledge of holiday movies and television specials

The festive season is a time for relaxing and enjoying some seasonal favourites

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Deputy Prime Minister and Minister of Finance Chrystia Freeland listens to a question from a reporter on the phone during a news conference in Ottawa, Monday, Nov. 30, 2020. THE CANADIAN PRESS/Adrian Wyld
Spending too little worse than spending too much, Freeland says as Canada’s deficit tops $381B

‘The risk of providing too little support now outweighs that of providing too much’

Executive Director and Co-Founder of Rock Soup Craig Haavalsen is sleeping in a tent outside Rock Soup’s location until the Go Fund Me for Rock Soup raises $10,000. Shaela Dansereau/ Pipestone Flyer.
Putting normalcy into asking for help: New non-profit sets up in Wetaskiwin

Rock Soup non-profit is a new non-secular Food Bank putting down roots in Wetaskiwin.

Wetaskiwin Composite High School. Shaela Dansereau/ Pipestone Flyer.
Wetaskiwin Regional Public Schools prepare for transition back to online learning

Grades 7-12 will are mandated to transfer to online learning starting Nov. 30, 2020.

Lawyer Devon Page, Ecojustice Canada’s executive director, pauses during a news conference in Vancouver on Wed., Sept. 26, 2012. The environmental law group has lost its bid to pause Alberta’s inquiry into where critics of its oil and gas industry get their funding. Ecojustice sought an injunction this summer to suspend the inquiry, headed by forensic accountant Steve Allan, until there is a decision on whether it’s legal. nbsp;THE CANADIAN PRESS/Darryl Dyck
Judge tosses application to pause Alberta inquiry into funding of oil and gas foes

Ecojustice sought an injunction in the summer to suspend the inquiry

Janelle Robinson owns and operates Spirit’s Respite Ranch near Stettler. The Ranch, just north of Stettler, is an animal therapy ranch that helps those with special needs and conditions ranging from PTSD to anxiety. Mark Weber/Stettler Independent
Spirit’s Respite Ranch near Stettler provides support through animal interaction

‘I also come from a family of doers - if something that is needed isn’t there, you just figure it out’

A pedestrian makes their way through the snow in downtown Ottawa on Wednesday, Nov. 25, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Wild winter, drastic swings in store for Canada this year: Weather Network

In British Columbia and the Prairies, forecasters are calling for above-average snowfall levels

NDP Leader John Horgan, left, speaks as local candidate Ravi Kahlon listens during a campaign stop at Kahlon’s home in North Delta, B.C., on April 18, 2017. THE CANADIAN PRESS/Darryl Dyck

Most Read