He is now waiting for a legal opinion from the federal Crown prosecutor about whether charges can be laid against anyone connected with the city's distribution of crack kits.
But Richard Pearhouse, senior policy analyst for the AIDS Legal Network, says that's nonsense. "It sounds to me like he's using a weak legal argument to prop up his own personal concerns on the matter. This is not an informed legal argument."
A clause under the Criminal Code that deals with drug paraphernalia makes strict exemptions for items that are used in "the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals." Without this clause, every doctor and nurse in Canada would be in jail, duh.
Pearhouse says that this means clinics are allowed to hand out syringes, and "the distribution of unused crack smoking kits would be unlikely to attract criminal liability."
Last Friday, because of Bevan's vocal concerns (and that of a few city councillors), the city held a debate as to whether the free crack pipe program should continue. Both Ottawa Mayor Bob Chiarelli and the city's Medical Officer of Health Dr. Robert Cushman felt that the decision to continue the program
Last week, CUSA called for students to act as human barricades for the 5 a.m. Thursday demolition time, but when crews showed up at 3 a.m. instead, CUSA president Carole Saab and a few others were there to try and stop them from scrapping Oliver's pub patio, which is legally rented by CUSA.
The cops hauled those protesters away but released them later that day with no charges. Other students showed up at 5 a.m. and have refused to budge, working on rotating shifts through the wind and rain all week. CUSA president Carole Saab said they will continue to stay there "for as long as it takes. They're also suing the school for $500,000.
"We want to negotiate and hopefully this action will get them back to the table," Saab told XPress. "Without a space we can't really function as an organization on campus."
Several student unions from all over Canada, the Canadian Union of Public Employees and the Canadian Association of University Teachers have all expressed their support for the students.
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