The facility’s legal history is complex. It currently operates under a constitutional exception to the Controlled Drugs and Substances Act.
The timeline... 2003 2006 - In September 2006, the Federal Health Minister announced an extension to the site’s exemption that allowed Insite to operate for another 15 months.
2007 -
In October 2007 the exemption was extended until June 30, 2008.
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In August 2007, the PHS Community Services Society, the two Insite clients and Vancouver Area Network of Drug Users (VANDU) filed a statement of claim in BC Supreme Court seeking to have the court declare Insite the exclusive jurisdiction of the province and for the federal government not to play any role in its future.
2008
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In May 2008, the BC Supreme Court struck down the provisions of the Controlled Drugs and Substances Act that deal with possession and trafficking but suspended the declarations of invalidity for one year to allow Parliament to bring the law into compliance with the Constitution, and the Court’s reasons, which ensure Insite a permanent constitutional exemption. The Attorney General of Canada appealed the decision.
2010
- On January 15, 2010, the BC Court of Appeal dismissed the appeal by the Attorney General of Canada, allowing Insite to continue operations. The Attorney General filed a further appeal with the Supreme Court of Canada.
2011
- On May 12, 2011, the Supreme Court of Canada will hear the appeal from Attorney General of Canada.
- On September 30, 2011, the Supreme Court of Canada denied the appeal by the Attorney General of Canada, allowing Insite to continue operations.
