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Chinese business association seeks to quash exemption for safe injection sites

Chinese business association seeks to quash exemption for safe injection sites

Edmonton's Chinatown and Area Business Association asked the federal court on Monday to quash an exemption granted to three safe-injection sites in the Central McDougall and McCauley neighbourhoods.

Lawyer Edward Molstad argued that community residents were not properly consulted or given sufficient reasons for the decision to grant the exemption. He also questioned the rationale behind the locations of the sites.

Molstad said while most fentanyl deaths have occurred outside the city's downtown core, the sites were set up in the inner city and would bring users and drug dealers into the community.

During the consultation process, Molstad said, communications were not translated into the Chinese language for residents who do not understand English.

He said the business association was invited to a meeting with the federal health minister in October, only after the decision had been made.

Molstad also argued that Access to Medically Supervised Injection Services Edmonton (AMSISE) — a coalition of community, medical and academic representatives that operates the three sites — tailored data to support their choice.

"The model is experimental ... more rigorous investigation is required," he said.

Arguing on behalf of the Attorney General of Canada, lawyer James Elford said concerns about crime and improperly disposed needles were pre-existing issues in the community.

"There is a potential impact on users in the community," said Elford. "This is a vulnerable community which these sites already serve."

Elford said under federal legislation, the business association wasn't part of the consultation process because its interests are economic.

Justice Richard Mosley questioned the purpose of gathering information from the community if it wasn't used for consultation, and asked that was done to make residents "feel better about it all."

He said that smacks of "going through the motions."

AMSISE was granted an exemption to operate the three sites in October 2017. Nathan Whitling, the lawyer representing the group, was expected to make submissions Monday afternoon.

AMSISE said as of Friday the sites had been visited 23,269 times, had provided 7,412 referrals for services such as health and income support and had reversed 260 overdoses.