In September 2003, the PHS forced Vancouver Coastal Health to found Insite by constructing and opening the site illegally. Insite became North America's first supervised injection site. The Government was forced through the pressure of public opinion to issue a special exemption to the
Controlled Drugs and Substances Act. On August 13, 2007, the Portland Hotel Society and two citizens filed suit in the
BC Supreme Court to keep the centre open, arguing that its closure by the federal government would be a violation of the
Charter right of Insite users to "security of the person". On September 29, 2011, the
Supreme Court of Canada ruled unanimously in
Canada (AG) v PHS Community Services Society that the federal government's failure to renew Insite's exemption under the
Controlled Drugs and Substances Act was arbitrary, undermining the very purposes of the CDSA, which include public health and safety. It is also grossly disproportionate: the potential denial of health services and the correlative increase in the risk of death and disease to injection drug users outweigh any benefit that might be derived from maintaining an absolute prohibition on possession of illegal drugs on Insite's premises. The Court
ordered the federal government to grant an exemption to Insite forthwith, allowing the facility to stay open. Although the Court noted the government could later withdraw this exemption, "where [...] the evidence indicates that a supervised injection site will decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety, the [government] should generally grant an exemption." ==Governance==