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

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.).

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