Stay tuned to this one.
BC Supreme Court: PHS Community Services Society v. Attorney General of
Canada, 2008 BCSC 661 (CanLII)
http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc661/2008bcsc661.pdf
V. The Charter: Section 1
[157] Canada argues that if s. 4(1) of the CDSA offends s. 7 of the Charter, it is saved by s. 1 as a law that is a reasonable restraint on s. 7 rights in a free and democratic society. In my opinion, the law compels the dismissal of the claim. The principles of fundamental justice are among the most important in society. Any law that offends them will not ordinarily be saved by s. 1: New Brunswick (Minister of Heath and Community Services),
1999 CanLII 653 (S.C.C.), [1999] 3 S.C.R. 46, 177 D.L.R. (4th) 124 at para. 99. Given what is at stake, the present case is no exception.
VI. Disposition
[158] In sum, I declare that ss. 4(1) and 5(1) of the CDSA are inconsistent with s. 7 of the Charter, and of no force and effect.
[159] I suspend the effect of the declaration of constitutional invalidity until June 30, 2009. In the interim, and in accordance with the direction of the Supreme Court of Canada in R. v. Ferguson, 2008 SCC 6
(CanLII), 2008 SCC 6, 228 C.C.C. (3d) 385 at para. 46, I grant users and staff at Insite, acting in conformity with the operating protocol now in effect, a constitutional exemption from the application of ss. 4(1) and 5(1) of the CDSA.
BC Court of Appeal: Crown loses appeal. Majority 2:1
http://www.bccla.org/othercontent/09PHS_judgment2.pdf
Supreme Court of Canada: Crown files for leave to appeal the BC Court of Appeal 2:1 decision.
Counsel
http://www.scc-csc.gc.ca/case-dossier/cms-sgd/counsel-avocat-eng.aspx?cas=33556
Docket 33556
http://www.scc-csc.gc.ca/case-dossier/cms-sgd/dock-regi-eng.aspx?cas=33556
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The Supreme Court of BC judge struck s. 4(1) and 5(1) of the CDSA as inconsistant with s. 7 of the Charter. That is possession and trafficking of all drugs. The BC Court of Appeal by a 2:1 decision agreed. So now the Crown has appealed to the Supreme Court of Canada. If the Crown looses the appeal, the prohibition of drugs is dead. The government will have to restructure everything. This is HUGE! The cannabis prohibition is already dead. The Supreme Court of Canada will now have to decide if drug prohibition is constitutional and that drug addiction is a health issue, or a criminal issue. Health care is regulated by the Provinces, not the Federal Gov.
