http://www.theglobeandmail.com/news/national/british-columbia/bc-drug-injection-clinic-can-stay-open-supreme-court-rules/article2186191/The Supreme Court of Canada on Friday overrode federal objections to a controversial supervised drug injection clinic in Vancouver and ordered that it remain open.
By allowing the province to override federal anti-drug concerns, the judgment constitutes a slap in the face to the Harper government in a case had evolved into a major constitutional brawl between the two levels of government.
“It is a classic battle between the federal and provincial governments over the limits of two powers – criminal law and health care – which are mutually exclusive but have obviously conflicted in this case,” said Carissima Mathen, a law professor at University of Ottawa.
The Court was faced with two questions. Did the withdrawal of Insite’s exemption violate the Charter of Rights by exposing users to greater harm by forcing them to purchase street drugs? Is it unjust to prosecute addicts who have no real choice of avoiding criminal behaviour?
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Take that, Harper!!