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.

Just Posted

Robin Sanford and her fiance Simon Park were married in an impromptu ceremony at Abbotsford Regional Hospital on June 16. (Submitted photo)
Mom dies day after witnessing daughter’s hospital wedding in Abbotsford

Nurses help arrange impromptu ceremony in 3 hours for bride and groom

BC Wildfire Service (Black Press Media files)
Fire at Eleven Mile Creek near Hope classified as out of control

It’s a small blaze so far at 20 hectares, but firefighters don’t yet have a handle on it

Temperature records were broken for June 21, 2021. (Black Press Media file photo)
Record-breaking heat shimmered across Fraser Valley for second day

Tuesday should be a bit cooler says forecast from Environment Canada

Tourism Abbotsford has launched the ‘Let’s Go Do Something’ campaign to encourage visitors to check out all Abbotsford has to offer. (Tourism Abbotsford photo)
Tourism Abbotsford launches ‘Let’s Go Do Something’ campaign

Visitors encouraged to check out all Abbotsford has to offer this summer

Emil Anderson Maintenance is mowing the shoulder along Lougheed Highway in Agassiz, asking motorists to use extra caution around slow-moving vehicles on Tuesday and Wednesday. (Graphic/Emil Anderson Maintenance)
TRAFFIC: Slow-moving mowers working on Highway 7 shoulders in Agassiz on Tuesday, Wednesday

Mowing takes place Tues., Weds. between 8 a.m. and 3:30 p.m.

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Health Minister Adrian Dix announced in December that Surrey’s new hospital will be located in Cloverdale, next to KPU. (File photo: Malin Jordan)
Health minister expects construction of Surrey’s new hospital in Cloverdale to begin in 2023, open in 2027

Adrian Dix spoke Tuesday in a Zoom meeting hosted by the Surrey Board of Trade concerning the new hospital

B.C. Finance Minister Selina Robinson with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. home owner grant won’t be altered, despite expert advice

Tax break for residences worth up to $1.6 million too popular

B.C. conservation officer Sgt. Todd Hunter said a black bear is believed to have killed local livestock. (THE NEWS/files)
Black bear believed to have killed miniature donkey in Maple Ridge

Trap set for predator that has been killing livestock

Penticton mayor John Vassilaki and Minister of Housing David Eby have been battling over the Victory Church shelter and BC Housing projects in the city. (File photos)
Penticton heads to court over homeless shelter as BC Housing audit begins

The city was not satisfied with the response from Minister David Eby regarding the ongoing situation

People enjoy the sun at Woodbine Beach on June 19, 2018. THE CANADIAN PRESS/ Tijana Martin
BC Hydro assures customers it has ‘more than enough’ power to weather the heatwave

Despite an increase of pressure on the Western grid, blackouts are not expected like in some U.S. states

Air Canada planes sit on the tarmac at Pearson International Airport during the COVID-19 pandemic in Toronto on Wednesday, April 28, 2021. THE CANADIAN PRESS/Nathan Denette
Pilots say no reason to continue quarantines for vaccinated international travellers

Prime minister says Canada still trying to limit number of incoming tourists

When they last met, Giants fell 3-0 to the Prince George Cougars. Both will renew their rivalry in Maple Ridge on Sept. 24. (Allen Douglas/Special to Black Press Media)
Vancouver Giants to play preseason games in Maple Ridge, Delta

Exhibition schedule will start in September

Police closed off 16th Avenue between 232nd and 240th streets in Aldergrove Saturday night at the site of a reported motor vehicle accident. (Dan Ferguson/Langley Advance Times)
VIDEO: Survivors of rollover crash thank Good Samaritans for coming to their aid

Collision flipped vehicle into a 10-foot ditch on 16th Avenue in Langley

Most Read