Canada (AG) v PHS Community Services Society

Supreme court of Canada in summer

Canada (AG) v PHS Community Services Society (2011 SCC 44) is a landmark decision by the Supreme Court of Canada that focused on the conflict between federal criminal law powers and provincial health powers. This case is particularly significant for its implications on harm reduction policies, the operation of supervised injection sites, and the balance of power between federal and provincial governments in Canada.

Background

The case revolves around the operation of Insite, North America's first legal supervised injection site, located in the Downtown Eastside of Vancouver, British Columbia. Insite was established as a response to the escalating health crisis related to drug addiction and HIV/AIDS in the community. The facility provided a safe and health-focused location where individuals could use intravenous drugs under medical supervision.

Insite operated under a legal exemption from the Controlled Drugs and Substances Act (CDSA), granted by Health Canada. This exemption was necessary because possession and trafficking of controlled substances are criminal offenses under the CDSA, and without the exemption, the operation of Insite would be illegal.

The Case

The legal battle began when the federal government, under the Conservative Party of Canada, indicated it would not renew Insite's exemption. In response, PHS Community Services Society, the organization operating Insite, along with several of its clients, filed a lawsuit to keep the facility open.

The plaintiffs argued that denying the exemption violated the rights of Insite's clients under Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person. They contended that Insite saved lives and provided essential health services, and that closing it would harm or even kill its clients.

Decision

The Supreme Court of Canada ruled unanimously in favor of PHS Community Services Society. The Court held that the federal government's refusal to grant an exemption to Insite was not in accordance with the principles of fundamental justice and violated the Charter rights of its clients. The Court ordered the federal government to grant an exemption to Insite under the CDSA.

The Court's decision was based on evidence that Insite contributed to public health and safety without increasing drug use or crime in the surrounding area. The ruling emphasized the importance of harm reduction as a legitimate approach to drug policy.

Implications

The decision in Canada (AG) v PHS Community Services Society has had significant implications for drug policy and the division of powers in Canada. It affirmed the role of evidence-based health interventions in the context of drug addiction and set a precedent for how the Charter's protections can be applied to health services.

Following the ruling, the federal government introduced new legislation regarding the operation of supervised injection sites, requiring them to meet specific criteria to obtain or maintain an exemption under the CDSA.

See Also

• Supervised injection sites
• Harm reduction
• Canadian Charter of Rights and Freedoms
• Controlled Drugs and Substances Act