Used needles are shown at a needle exchange in Miami, May 6, 2019. Barring drug-using federal prisoners from access to clean syringes puts them at risk for serious diseases and violates their rights, an Ontario court is set to hear. THE CANADIAN PRESS/AP/Lynne Sladky

Used needles are shown at a needle exchange in Miami, May 6, 2019. Barring drug-using federal prisoners from access to clean syringes puts them at risk for serious diseases and violates their rights, an Ontario court is set to hear. THE CANADIAN PRESS/AP/Lynne Sladky

Barring Canadian inmates access to clean needles unconstitutional: activists

Statistics suggest Indigenous and female inmates are most at risk

Barring drug-using federal prisoners from access to clean syringes puts them at risk for serious diseases and violates their rights, an Ontario court is set to hear.

For two days starting Monday, prison and other activists are expected to make the case that Ottawa’s rules and policies around needles in prisons are unconstitutional.

“The absolute prohibition on sterile injection equipment is arbitrary, overbroad and grossly disproportionate,” the applicants say in their filings in Superior Court.

“Prisoners are particularly vulnerable to infringement of their (constitutional) rights because the government has total control over every aspect of their daily lives, including their access to health care.”

The case was initially launched in 2012 by Steven Simons, who was imprisoned from 1998 to 2010. Court documents show Simons became infected with the hepatitis C virus and was potentially exposed to HIV, the virus that can lead to AIDS, while behind bars. He says another prisoner used his injection materials, and that they had no access to sterile equipment.

The problem, the applicants say, is that prison authorities regard syringes as contraband, making inmates found with them subject to punishment. The tough approach comes despite mounting evidence that in-prison access to sterile needles helps prevent the spread of serious illnesses.

“The sharing of drug-injection equipment poses a high risk for transmitting blood-borne infections,” the applicants state.

“The prevalence of HIV and (hepatitis C) among Canadian prisoners, including those in federal penitentiaries, is significantly higher than among the population as a whole.”

Activists note that more than 90 per cent of prisoners are eventually released. Like Simons, some will have become infected with serious illnesses from sharing needles and syringes behind bars.

“Correctional authorities’ refusal to ensure access to sterile injection equipment inside prisons not only jeopardizes the health and lives of prisoners, it also contributes to a public health problem beyond prisons.”

Statistics suggest Indigenous and female inmates are most at risk, making Ottawa’s approach discriminatory, the applicants say.

In recognition of the problem, the federal government recently began a pilot needle-exchange program in which inmates are given access to sterile equipment. However, The pilot has only been implemented in half a dozen of Canada’s 43 federal prisons, according to court filings.

One intervener in the case, the B.C. Civil Liberties Association, says the response is not enough given that widespread drug use is an acknowledged fact of prison life in Canada.

“As the vast majority of prisoners have no access to safe injection equipment, those who use drugs have no choice but to inject them in unsafe ways,” the association says in its factum.

Correctional Service of Canada has long tried to keep drugs out of prisons, but recognizes that contraband inevitably finds its way to inmates.

Prison guards oppose making needles available to inmates, citing the risk of accidental or intentional injury. However, their union says in-prison safe injection sites, in which inmates get access to needles for use in a supervised setting with nursing staff, are preferential to needle-exchange programs that offer injection kits for in-cell use.

The court is expected to hear that other countries offer needle and syringe programs with positive health benefits. It’s also expected to hear from the Canadian HIV/AIDS Legal Network about the drug situation in prisons.

ALSO READ: Pamela Anderson asks Trudeau to serve inmates vegan meals

Colin Perkel, 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

“These artworks combine the grittiness of our urban and port-side environment with the lightness of a playful and exploratory creative process,” note the artists in their artist statement about the show.	(Monica Lamb-Yorski photo - Williams Lake Tribune)
Station House Gallery’s latest exhibit features a port-themed collaboration

Valerie Arntzen and Lori Sokoluk created the pieces when they had adjacent studios in Vancouver

Emergency crews respond to a structural fire on Highway 97 between Williams Lake and Quesnel on Friday, April 16. (Photo submitted)
Update: Famous Cariboo carver Ken Sheen’s wood shop destroyed by fire

The shop was located between Williams Lake and Quesnel

The city of Williams Lake has been doing routine maintenance to one of its wells at Scout Island as seen here earlier this week. (Angie Mindus photo - Williams Lake Tribune)
Williams Lake residents asked to reduce non-essential water use

One of the city’s pumps is under repair

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Coldstream students took over the Your Letters page in the April 9, 2021, edition of the Vernon Morning Star to offer advice to adults about COVID-19. Interior Health took notice and offered their praise. (Vernon Morning Star)
‘We can get rid of COVID together’: B.C. kids share heartwarming advice

Grade 2 and 3 classes from a North Okanagan elementary took over Letters page of this Black Press newspaper

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Most Read