Case Considered: Canada (A.G.) v PHS Community Services Society, 2011, SCC 44
PDF Version: The Safe Injection Site Precedent: Parliamentary Supremacy vs. Democratic Values?
The recent SCC ruling in Canada (A.G.) v PHS Community Services Society (Insite) caused quite a stir when the Supreme Court of Canada ordered the Minister of Health to exempt a supervised injection site and its clients from drug possession laws.
Some editorial writers and Internet bloggers immediately described the decision as “a new tool for activism” a threat to the “peace between judges and legislators” and as “a confrontation brewing between the Harper government and Canadian courts” on everything from prostitution laws to euthanasia (For example, see Kirk Makin, Landmark Insite Decision Threatens Peace Between Judges and Legislators, The Globe and Mail, October 17, 2011; Kevin l. Boonstra, Cardus, LexView 74.0 – Can Injecting Illegal Drugs Ever Be Safe?, October 26, 2011.).
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