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Analysis of SCC Decision on Insite safe injection site

Analysis of SCC Decision on Insite safe injection site

  1. jejune
    Supreme Court of Canada Decision a Validation of Co-operative Federalism, Harm Reduction and Substantive Judicial Review


    On September 30, 2011, the Supreme Court of Canada released an important decision in Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44 (PHS), addressing the authority of the provincial and federal governments to regulate the provision of health care services to individuals who are addicted to narcotics, and the constitutionality of the Minister of Health's decision not to renew an exemption from the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (the "CDSA"), to Insite, a safe injection site located in Vancouver's impoverished Downtown Eastside neighbourhood (the "DTES").
    Fasken Martineau represented two of the interveners before the Supreme Court of Canada. Andrew Nathanson and Brook Greenberg of the firm's Vancouver office (with the assistance of Holly Brinton) appeared for the Dr. Peter AIDS Foundation. Paul Monahan, Tony Di Domenico and Andrew Berg (who was a student at law at the time) of the firm's Toronto office appeared for the Canadian Civil Liberties Association ("CCLA"). Both the Dr. Peter AIDS Foundation and the CCLA intervened in support of Insite's continued operation.