Ottawa has filed its appeal of a B.C. Supreme Court decision that struck down sections of federal drug laws and ensures Insite will remain open as a constitutionally protected health-care service.
But lawyer Monique Pongracic-Speier predicts the case won't be settled at the B.C. Court of Appeal, regardless of the outcome.
"I think there is a realistic chance that this will go up to the Supreme Court of Canada," Pongracic-Speier said in an interview Wednesday.
"It's an extremely important constitutional issue and it is an issue that I believe the Supreme Court of Canada would find has a national interest."
Insite opened in the city's troubled Downtown Eastside as a pilot project in 2003 under a special exemption from federal drug laws, but Ottawa had refused to say whether it would extend the exemption after it expired at the end of last month.
In a May 27 decision, B.C. Supreme Court Justice Ian Pitfield ruled that federal drug laws prohibiting drug trafficking and possession are unconstitutional and gave the federal government a year to rewrite them.
Pitfield said laws that prevent people suffering from the disease of addiction from accessing such a service infringe on their right to life, liberty and security of the person.
Within days of the decision, federal Health Minister Tony Clement announced his intention to appeal and made it clear Ottawa wants the facility shut down.
Documents filed with the B.C. Court of Appeal last month don't list the government's specific reasons for seeking to overturn the decision, but ask that the Supreme Court ruling be set aside.
In the meantime, Pongracic-Speier said the facility will remain open.
"Insite's operations will not be affected unless and until the decision of the B.C. Supreme Court is overturned by a higher court," she said.
The two groups who initially launched the court challenged filed their own appeal of the decision.
While Pitfield ruled that it would be unconstitutional to force Insite to close, he rejected the plaintiffs' arguments that the facility should be exclusively under provincial jurisdiction because it is a health-care facility.
The site, which sees an average of 600 users each day, allows addicts to bring their own drugs to inject under the supervision of medical staff.
The site has a long list of supporters, including the city's mayor and police chief, but opponents claim the site promotes drug use by facilitating addiction.
New Democrat MP Libby Davies, whose riding includes Insite, said the federal government's appeal is purely political.
"It's not based on any evidence or any public policy issue, so I think that it's a colossal waste of time," Davies said.
"Insite is part of the solution, it's not part of the problem. Why would the federal government spend all of this time and money to fight a battle they're going to lose anyway?"
