(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

Crystal Johns used her lunch break to film her audition video for the Vancouver Canucks.
VIDEO: Former Vees anthem singer wants to bring her voice to the Canucks

Crystal Johns made her audition tape during a lunch break

The Village of Keremeos is preparing to open up the village to in-province travellers as the province enters Phase 3 of its reopening plan. (Brennan Phillips - Keremeos Review)
Electric vehicle use continues to rise in Keremeos

August saw 147 vehicles for the peak of the year

Four staff members at the Regional District of Okanagan Similkameen were self-isolating on March 19. The regional district is also considering whether to continue keeping its doors open to the public. (John Arendt - Summerland Review)
Feedback wanted on plan to make West Bench age-friendly

Some 43 per cent of West Bench residents are over the age of 55

The Okanagan Regional Library is holding a pair of online contests for its young readers. (File photo)
Okanagan Regional Library challenges young readers

Pair of contests online aimed at kids aged up to 18

Penticton Real Canadian Superstore
New COVID case at Penticton Superstore

The last day the employee worked was Jan. 21

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

Auldin Maxwell stacks the 693rd block on the top of record-breaking Jenga tower on Nov. 29. (Submitted)
Salmon Arm boy rests world-record attempt on single Jenga brick

Auldin Maxwell, 12, is now officially a Guinness world record holder.

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

A Dodge Ram pickup similar to this one was involved in a hit-and-run in Lake Country on Saturday, Jan. 16. (Crime Stoppers photo)
Stolen truck involved in Okanagan hit-and-run

Incident happened on Highway 97 in Lake Country just before 1:30 p.m. Saturday, Jan. 16

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Kelowna Fire Department. (FILE)
Early morning downtown Kelowna dumpster fire deemed suspicious

RCMP and the Kelowna Fire Department will conduct investigations into the cause of the blaze

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

Most Read