Supreme Court

Constitutional Law

Division of powers does not exempt clinic from application of Controlled Drugs and Substances Act

In partnership with non-profit organization, health authority providing injection supervision service to chronic drug addicts at Insite. Health care workers at Insite exempted by Minister of Health from prosecution for possession and trafficking offences, but Minister subsequently revoking exemption. Division of powers does not exempt clinic, as health facility, from application of Controlled Drugs and Substances Act as exercise of federal jurisdiction over criminal law. Minister’s revocation of exemption, however, contravened s. 7 Charter rights of Insite staff and addicts using its services.

PHS Community Services Society v. Canada

(Attorney General) (Sep. 30, 2011, S.C.C., McLachlin C.J.C., Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ., File No. 33556) Decision at 87 W.C.B. (2d) 39 affirmed. 96 W.C.B. (2d) 322 (78 pp.).

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

An Ontario judge is once again calling on the provincial government to fix long waits at assessment offices. Do you think the province needs to step up its efforts to address these delays?