Skip to main content
The Supreme Court’s badge designed by Ernest Cormier SUPREME COURT OF CANADA

Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.

33556

Attorney General of Canada, et al. v. PHS Community Services Society, et al.

(British Columbia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2011-10-06 Appeal closed
2011-10-03 Formal judgment sent to the registrar of the court of appeal and all parties
2011-10-03 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-09-30 Judgment on the cross-appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro
Dismissed, without costs
2011-09-30 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036158 and CA036159, 2010 BCCA 15, dated January 15, 2010, heard on May 12, 2011, is dismissed with costs. The cross-appeal is dismissed without costs. The Minister of Health is ordered to grant an exemption for Insite under s. 56 of the Controlled Drugs and Substances Act, S.C. 1996, c.19. The order of the trial judge awarding special costs is affirmed.

The constitutional questions are answered as follows:

1. Are ss. 4(1) and 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, constitutionally inapplicable to the activities of staff and users at Insite, a health care undertaking in the Province of British Columbia?

No.

2. Does s. 4(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms?

No.

3. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

It is not necessary to answer this question.

4. Does s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms?

No.

5. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

It is not necessary to answer this question.
Dismissed, with costs
2011-08-23 Correspondence received from, Ms. Juba rec'd by e-mail re: change of agent from McCarthy Tétrault to Michael Sobkin. Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal
2011-05-31 Correspondence received from, From Sally Gomery dated May 31, 2011. RE: Ogilvy Renault LLP will be known as Norton Rose OR LLP as of June 1, 2011 Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia
2011-05-31 Transcript received, (150 pages)
2011-05-13 Correspondence received from, Robert Frated dated May 13, 2011. Re: Filing of the decision from the Standing Committee on Health dated May 29, 2008 (Sent to the Court on May 13, 2011) Attorney General of Canada
2011-05-12 Judgment reserved OR rendered with reasons to follow
2011-05-12 Intervener's condensed book, Submitted in Court (14 copies) Real Women Canada
2011-05-12 Intervener's condensed book, Submitted in Court (14 copies) Canadian Civil Liberties Association
2011-05-12 Respondent's condensed book, Submitted in Court (14 copies) Attorney General of British Columbia
2011-05-12 Respondent's condensed book, Submitted in Court (14 copies) Vancouver area Network of Drug users (VANDU)
2011-05-12 Respondent's condensed book, Submitted in Court (14 copies) PHS Community Services Society
2011-05-12 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2011-05-12 Acknowledgement and consent for video taping of proceedings, From all parties
2011-05-12 Hearing of the appeal, 2011-05-12, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2011-05-12 Order on miscellaneous motion
2011-05-12 Decision on miscellaneous motion, Reg, to accept the respondent's book of authorities as filed without consecutive page numbers
Granted
2011-05-12 Submission of miscellaneous motion, Reg
2011-05-09 Correspondence received from, M.A. Chambers by fax, re.: request for 2 reserved seats at the hearing Real Women Canada
2011-05-06 Correspondence received from, Burke-Robertson by email, re.: request for 2 reserved seats at the hearing Attorney General of British Columbia
2011-05-04 Correspondence received from, J. Beedell by fax, re.: request for 7 reserved seats at the hearing PHS Community Services Society
2011-04-28 Correspondence received from, S. Gomery by fax, re.: request for 7 reserved seats at the hearing Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia
2011-04-28 Correspondence received from, O.W.Rees by fax, re.: request for 2 reserved seats at the hearing Canadian Public Health Association
2011-04-26 Correspondence received from, A. Di Domenico by fax, re.: request for 3 reserved seats at the hearing Canadian Civil Liberties Association
2011-04-26 Notice of appearance, Owen Rees and Fredrick Schumann will be present at the hearing. Canadian Public Health Association
2011-04-26 Notice of appearance, Andrew Nathanson and Brook Greenberg will be present at the hearing. Dr. Peter AIDS Foundation
2011-04-26 Notice of appearance, Marjorie Brown will be present at the hearing. British Columbia Nurses' Union
2011-04-26 Notice of appearance, Joseph Arvay, Monique Pongracic-Speier, Scott Bernstein and Andrew Schroeder will be present at the hearing. Jeffrey Beedell will replace Andrew Schroeder at the hearing. PHS Community Services Society
2011-04-26 Notice of appearance, Ryan Dalziel and Thomas Moran will be present at the hearing. British Columbia Civil Liberties Association
2011-04-21 Correspondence received from, A.M. Juba by fax, re.: request for 2 reserved seats at the hearing (1 extra on May 10/11): TOTAL: 3 reserved seats Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal
2011-04-21 Notice of appearance, Rahool Agarwal, John Picone and Michael Kotrly will be present at the hearing. Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia
2011-04-21 Notice of appearance, Sheila Tucker will be present at the hearing. Vancouver Coastal Health Authority
2011-04-21 Notice of appearance, Paul Monahan and Antonio Di Domenico will be present at the hearing. Canadian Civil Liberties Association
2011-04-21 Notice of appearance, Michael Feder, Angela Juba and Louis Letellier de St-Just will be present at the hearing. Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal
2011-04-21 Notice of appearance, Robert Frater and Paul Riley will be present at the hearing. Attorney General of Canada
2011-04-20 Correspondence received from, C. Christie by fax, re.: request for 2 reserved seats at the hearing Canadian Medical Association
2011-04-20 Correspondence received from, R. Frater by fax, re.: request for 6 reserved seats at the hearing Attorney General of Canada
2011-04-20 Correspondence received from, Guy Pratte dated April 20, 2011. Re: Order of interveners at hearing Canadian Medical Association
2011-04-20 Notice of appearance, Craig Jones and Karrie Wolfe will be present at the hearing. Attorney General of British Columbia
2011-04-20 Notice of appearance, Guy Pratte, Nadia Effendi and Jean Nelson will be present at the hearing. Canadian Medical Association
2011-04-20 Notice of appearance, Me Hugo Jean will be appearing as counsel Attorney General of Quebec
2011-04-20 Notice of appearance, Micheal A. Chambers and Gordon B. Greenwood will be appearing as counsel Real Women Canada
2011-04-20 Correspondence received from, Gowling by email, re.: request for 3 reserved seats at the hearing Vancouver area Network of Drug users (VANDU)
2011-04-19 Notice of appearance, John Conroy and Stephen Mulhall will be present at the hearing. Vancouver area Network of Drug users (VANDU)
2011-04-19 Order by, F, FURTHER TO THE ORDER dated February 17, 2011, granting leave to intervene to the Dr. Peter AIDS Foundation, the Vancouver Coastal Health Authority, the Canadian Civil Liberties Association, the Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal, the Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia, the Canadian Public Health Association, the Canadian Medical Association, the British Columbia Civil Liberties Association and the British Columbia Nurses' Union;
AND FURTHER TO THE ORDER dated March 14, 2011, granting leave to intervene to Real Women Canada;
IT IS HEREBY FURTHER ORDERED THAT the ten groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Granted
2011-04-14 Intervener's book of authorities, (5 volumes), Completed on: 2011-04-14 Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal
2011-04-14 Intervener's factum, Completed on: 2011-04-14 Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 British Columbia Civil Liberties Association
2011-04-14 Intervener's factum, Completed on: 2011-04-14 British Columbia Civil Liberties Association
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 Dr. Peter AIDS Foundation
2011-04-14 Intervener's factum, Completed on: 2011-04-14 Dr. Peter AIDS Foundation
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 Vancouver Coastal Health Authority
2011-04-14 Intervener's factum, Completed on: 2011-04-14 Vancouver Coastal Health Authority
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 Canadian Civil Liberties Association
2011-04-14 Intervener's factum, Completed on: 2011-04-14 Canadian Civil Liberties Association
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 British Columbia Nurses' Union
2011-04-14 Intervener's factum, Completed on: 2011-04-14 British Columbia Nurses' Union
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 Canadian Medical Association
2011-04-14 Intervener's factum, Completed on: 2011-04-14 Canadian Medical Association
2011-04-14 Intervener's book of authorities, Completed on: 2011-04-14 Canadian Public Health Association
2011-04-14 Intervener's factum, Completed on: 2011-04-14 Canadian Public Health Association
2011-04-13 Intervener's factum, Completed on: 2011-04-13 Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia
2011-04-04 Response to miscellaneous motion, email from John W. Conroy dated Apr. 2/11, Completed on: 2011-04-04 Vancouver area Network of Drug users (VANDU)
2011-04-04 Response to miscellaneous motion, email from Robert Frater dated Apr. 3/11, Completed on: 2011-04-04 Attorney General of Canada
2011-04-01 Response to miscellaneous motion, email from Jeff Beedell dated March 31/11, Completed on: 2011-04-01 PHS Community Services Society
2011-03-31 Notice of miscellaneous motion, to accept the respondent's book of authorities as filed without consecutive page numbers, Completed on: 2011-03-31 Attorney General of British Columbia
2011-03-30 Correspondence received from, Jeff Beedell by fax, re.: request for increasing time allocations PHS Community Services Society
2011-03-29 Intervener's factum, Completed on: 2011-03-29 Real Women Canada
2011-03-15 Notice of hearing sent to parties
2011-03-14 Correspondence (sent by the Court) to, Angela M. Juba, re.: permission to be listed as junior counsel
2011-03-14 Intervener's book of authorities, Completed on: 2011-03-14 Attorney General of Quebec
2011-03-14 Intervener's factum - AG on constitutional question, Form rec'd Mar. 16/11, Completed on: 2011-04-05 Attorney General of Quebec
2011-03-14 Order on motion for leave to intervene, (BY FISH J.)
2011-03-14 Decision on the motion for leave to intervene, F, UPON APPLICATION by Real Women Canada for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of Real Women Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before March 29, 2011.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Granted
2011-03-14 Submission of motion for leave to intervene, F
2011-03-14 Order on motion to adduce new evidence, (BY ABELLA J.)
2011-03-14 Decision on motion to adduce new evidence, Abe, UPON APPLICATION by the respondents PHS Community Services Society, Dean Edward Wilson and Shelly Tomic for an order granting leave to adduce new evidence namely the affidavit, with exhibits, of Dr. Evan Wood sworn January 24, 2011 into a respondents' record and to refer to the new evidence in a supplementary factum of up to 2 pages to be served and filed within 10 days;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is denied
Dismissed
2011-03-14 Submission of motion to adduce new evidence, Abe
2011-03-09 Correspondence (sent by the Court) to, Fredrick Schumann, re.: permission to work on an intervention
2011-03-09 Appeal hearing scheduled, 2011-05-12, (start time 9:00 am)
Judgment reserved
2011-03-01 Appeal perfected for hearing
2011-02-28 Response to the motion for leave to intervene, (Letter Form), from Monique Pongracic-Speier dated Feb. 28/11, Completed on: 2011-02-28 PHS Community Services Society
2011-02-28 Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated Feb. 28/11, Completed on: 2011-02-28 Attorney General of Canada
2011-02-18 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2011-02-18 Real Women Canada
2011-02-17 Order on motion for leave to intervene, (BY FISH J.)
2011-02-17 Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Dr. Peter AIDS Foundation, the Vancouver Coastal Health Authority, the Canadian Civil Liberties Association, the Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal, the Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia, the Canadian Public Health Association, the Canadian Medical Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal;
AND UPON APPLICATION by the British Columbia Nurses' Union for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Dr. Peter AIDS Foundation, the Vancouver Coastal Health Authority, the Canadian Civil Liberties Association, the Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal, the Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia, the Canadian Public Health Association, the Canadian Medical Association and the British Columbia Civil Liberties Association are granted and the said eight groups interveners shall be entitled to serve and file a factum not to exceed 10 pages in length.
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the British Columbia Nurses' Union is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions
Granted
2011-02-17 Submission of motion for leave to intervene, F
2011-02-09 Response to the motion to adduce new evidence, email from Burke-Robertson dated Feb. 9/11, Completed on: 2011-02-09 Attorney General of British Columbia
2011-02-08 Reply to motion to adduce new evidence, (Letter Form), from Joseph J. Arvay, Q.C. dated Feb. 8/11 joint with a draft factum of 2 pages, Completed on: 2011-02-08 PHS Community Services Society
2011-02-07 Respondent's book of authorities, Completed on: 2011-02-07 Vancouver area Network of Drug users (VANDU)
2011-02-07 Appellant's factum - cross appeal, Included in the respondent's factum, Completed on: 2011-02-07 Vancouver area Network of Drug users (VANDU)
2011-02-07 Respondent's factum, Completed on: 2011-02-07 Vancouver area Network of Drug users (VANDU)
2011-02-07 Respondent's book of authorities, Completed on: 2011-04-29 Attorney General of British Columbia
2011-02-07 Respondent's factum, Completed on: 2011-02-07 Attorney General of British Columbia
2011-02-07 Respondent's book of authorities, Completed on: 2011-02-07 PHS Community Services Society
2011-02-07 Respondent's factum, Completed on: 2011-02-07 PHS Community Services Society
2011-02-02 Response to the motion to adduce new evidence, (Letter Form), from Robert Frater and W. Paul Riley dated Feb. 1/11, Completed on: 2011-02-02 Attorney General of Canada
2011-02-01 Response to the motion to adduce new evidence, (Letter Form), from Henry S. Brown, Q.C. dated Feb. 1/11, Completed on: 2011-02-01 Vancouver area Network of Drug users (VANDU)
2011-01-26 Motion to adduce new evidence, namely the affidavit, with exhibits, of Dr. Evan Wood sworn Jan. 24/11 in a respondents' record and to refer to the new evidence in a supplementary factum of up to 2 pages (bookform), Completed on: 2011-01-26 PHS Community Services Society
2011-01-20 Reply to the motion for leave to intervene, (Letter Form), from Sally Gomery dated Jan. 20/11 in response to Mr. Frater's letter of Jan. 17/11, Completed on: 2011-01-20 Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia
2011-01-19 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 18/11 (by British Columbia Nurses' Union), Completed on: 2011-01-19 Vancouver area Network of Drug users (VANDU)
2011-01-19 Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated Jan. 19/11 (by all interveners), Completed on: 2011-01-19 Attorney General of British Columbia
2011-01-17 Response to the motion for leave to intervene, from Robert Frater dated Jan. 17/11 (by B.C. Nurses), Completed on: 2011-01-17 Attorney General of Canada
2011-01-17 Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated Jan. 13/11 (by all interveners but B.C. Nurses), Completed on: 2011-01-17 Attorney General of Canada
2011-01-17 Response to the motion for leave to intervene, from Jeffrey W. Beedell dated Jan. 17/11 (by British Columbia Nurses' Union), Completed on: 2011-01-17 PHS Community Services Society
2011-01-14 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2011-01-14 British Columbia Nurses' Union
2011-01-13 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Jan. 13/11 (by all interveners), Completed on: 2011-01-13 Vancouver area Network of Drug users (VANDU)
2011-01-12 Response to the motion for leave to intervene, (Letter Form), from Jeffrey W. Beedell dated Jan. 12/11 (by all interveners), Completed on: 2011-01-12 PHS Community Services Society
2011-01-11 Order on motion to file a lengthy factum
2011-01-11 Decision on motion to file a lengthy factum, Reg, of 45 pages by the appellants and the respondents PHS Community Services Society and VANDU
Granted
2011-01-11 Submission of motion to file a lengthy factum, Reg
2011-01-10 Motion for leave to intervene, (bookform), Completed on: 2011-01-10 British Columbia Civil Liberties Association
2011-01-10 Motion for leave to intervene, Vol. I & II, Completed on: 2011-01-10 Canadian Medical Association
2011-01-07 Motion for leave to intervene, (bookform), Completed on: 2011-01-07 Canadian Public Health Association
2011-01-07 Motion for leave to intervene, (bookform), Completed on: 2011-01-07 Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia
2011-01-07 Motion for leave to intervene, (bookform), Completed on: 2011-01-07 Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal
2011-01-07 Motion for leave to intervene, (bookform), Completed on: 2011-01-07 Canadian Civil Liberties Association
2011-01-07 Motion for leave to intervene, (bookform), Completed on: 2011-01-07 Vancouver Coastal Health Authority
2011-01-07 Response to the motion to file a lengthy factum, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 7/11 (joint with consent to intervention of Peter Aids Foundation), Completed on: 2011-01-07 Vancouver area Network of Drug users (VANDU)
2011-01-07 Response to the motion to file a lengthy factum, (Letter Form), from Jeffrey W. Beedell dated Jan. 7/11, Completed on: 2011-01-07 PHS Community Services Society
2011-01-07 Motion to file a lengthy factum, of 45 pages by the appellants and the respondents PHS and VANDU, Completed on: 2011-01-07 Attorney General of Canada
2011-01-06 Motion for leave to intervene, (bookform), Completed on: 2011-01-06 Dr. Peter AIDS Foundation
2010-11-25 Appellant's book of authorities, (4 volumes), Completed on: 2010-12-02 Attorney General of Canada
2010-11-25 Appellant's factum, CD missing - Rec'd on Dec. 2, 2010, Completed on: 2010-12-02 Attorney General of Canada
2010-11-19 Appellant's record, (20 volumes), Completed on: 2010-11-19 Attorney General of Canada
2010-10-05 Notice of intervention respecting a constitutional question Attorney General of Quebec
2010-09-14 Correspondence received from, Jeffrey Beedell dated September 14, 2010. Re: Change of address for Monique Pongracic-Speier PHS Community Services Society
2010-09-07 Notice of constitutional question(s) Attorney General of Canada
2010-09-02 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2010-09-02 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1. Are ss. 4(1) and 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, constitutionally inapplicable to the activities of staff and users at Insite, a health care undertaking in the Province of British Columbia?
2. Does s. 4(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms?
3. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
4. Does s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms?
5. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2010-08-23 Notice of cross appeal, Completed on: 2010-08-23 Vancouver area Network of Drug users (VANDU)
2010-08-06 Submission of motion to state a constitutional question, CJ
2010-08-03 Response to the motion to state a constitutional question, (Letter Form), C. Jones, dated July 30/10, Completed on: 2010-08-03 Attorney General of British Columbia
2010-07-30 Response to the motion to state a constitutional question, (Letter Form), from Henry S. Brown, Q.C. dated July 30/10, Completed on: 2010-07-30 Vancouver area Network of Drug users (VANDU)
2010-07-29 Response to the motion to state a constitutional question, (Letter Form), from Jeffrey Beedell dated July 29/10, Completed on: 2010-07-29 PHS Community Services Society
2010-07-28 Motion to state a constitutional question, (bookform), Completed on: 2010-07-28 Attorney General of Canada
2010-07-28 Notice of appeal, (CD-Rom rec'd July 29/10), Completed on: 2010-07-29 Attorney General of Canada
2010-06-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-06-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-06-25 Judgment on leave sent to the parties
2010-06-24 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036158 and CA036159, 2010 BCCA 15, dated January 15, 2010, is granted without costs.

The application for leave to cross-appeal is granted with costs to the respondent VANDU in accordance with the Tariff in Schedule B.
Granted, without costs
2010-06-24 Judgment of the Court on the application for leave to cross-appeal, See file
Granted, with costs
2010-05-17 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-05-17 All material on the application for leave to cross-appeal submitted to the Judges, CJ Abe Cro
2010-04-09 Order on motion to extend time
2010-04-09 Decision on motion to extend time, to serve and file the respondent, VANDU's response and application for leave to cross-appeal to Mar. 26/10, Reg
Granted
2010-04-09 Submission of motion to extend time, Reg
2010-04-09 Response to motion to extend time, Completed on: 2010-04-08 Attorney General of British Columbia
2010-04-01 Memorandum of argument in response to the cross-appeal, Included in the Reply, Completed on: 2010-04-01 Attorney General of Canada
2010-04-01 Applicant's reply to respondent's argument, Completed on: 2010-04-01 Attorney General of Canada
2010-03-31 Response to motion to extend time, Completed on: 2010-03-31 Attorney General of Canada
2010-03-31 Response to motion to extend time, Completed on: 2010-03-31 PHS Community Services Society
2010-03-31 Motion to extend time, to serve and file the respondent's response and the application for leave to cross-appeal to March 26/10, Completed on: 2010-03-31 Vancouver area Network of Drug users (VANDU)
2010-03-26 Application for leave to cross-appeal, Included in the response, Completed on: 2010-03-26 Vancouver area Network of Drug users (VANDU)
2010-03-26 Respondent's response on the application for leave to appeal, Ext. of time rec'd March 31/10, Completed on: 2010-03-31 Vancouver area Network of Drug users (VANDU)
2010-03-12 Correspondence received from, Robert Frater by fax re: will be filin a single reply once all respondent's response are filed. (cc.to all parties) Attorney General of Canada
2010-03-08 Book of authorities Attorney General of British Columbia
2010-03-08 Respondent's response on the application for leave to appeal, Completed on: 2010-03-08 Attorney General of British Columbia
2010-03-05 Correspondence received from, J. W. Conroy, Q.C. dated March 4/10 re: will seek an extension of time to March 26/10 to respond and to seek an application to cross-appeal (by fax) Vancouver area Network of Drug users (VANDU)
2010-03-04 Respondent's response on the application for leave to appeal, Completed on: 2010-03-05 PHS Community Services Society
2010-03-03 Correspondence received from, J. Conroy by fax dated March 2/10 re: response to corresp. from R. Frater about joint applic. Vancouver area Network of Drug users (VANDU)
2010-02-25 Letter acknowledging receipt of a complete application for leave to appeal
2010-02-12 Correspondence received from, Robert Frater by fax on Feb 12/10 re: reasons for filing a joint application Attorney General of Canada
2010-02-04 Application for leave to appeal, Service missing-rec'd Feb 9/10., Completed on: 2010-02-25 Attorney General of Canada

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Attorney General of Canada Appellant / Respondent on cross-appeal Active
Minister of Health for Canada Appellant / Respondent on cross-appeal Active

v.

Main parties - Respondents
Name Role Status
PHS Community Services Society Respondent Active
Dean Edward Wilson and Shelly Tomic Respondent Active
Vancouver area Network of Drug users (VANDU) Respondent / Appellant on cross-appeal Active
Attorney General of British Columbia Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Dr. Peter AIDS Foundation Intervener Active
Vancouver Coastal Health Authority Intervener Active
Canadian Civil Liberties Association Intervener Active
Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal Intervener Active
Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia Intervener Active
Canadian Public Health Association Intervener Active
Canadian Medical Association Intervener Active
British Columbia Civil Liberties Association Intervener Active
British Columbia Nurses' Union Intervener Active
Real Women Canada Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Robert J. Frater
W. Paul Riley
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Minister of Health for Canada

Counsel
Robert J. Frater
W. Paul Riley
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: PHS Community Services Society

Counsel
Joseph J. Arvay, Q.C.
F. Andrew Schreoder
Monique Pongracic-Speier (Ethos Law Group LLP)
Scott E. Bernstein
Arvay Finlay
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Dean Edward Wilson and Shelly Tomic

Counsel
Joseph J. Arvay, Q.C.
F. Andrew Schreoder
Monique Pongracic-Speier
Arvay Finlay
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Vancouver area Network of Drug users (VANDU)

Counsel
John W. Conroy, Q.C.
Stephen J. Mulhall, Q.C.
Conroy & Company
2459 Pauline St
Abbotsford, British Columbia
V2S 3S1
Telephone: (604) 852-5110
FAX: (604) 859-3361
Email: jconroy@johnconroy.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of British Columbia

Counsel
Craig E. Jones
Karrie Wolfe
Attorney General of British Columbia
1301-865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-6797
Email: craig.jones@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Quebec

Counsel
Hugo Jean
Procureur général du Québec
1200 Route de l'Église, 2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: hjean@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Dr. Peter AIDS Foundation

Counsel
Andrew I. Nathanson
Brook Greenberg
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-4908
FAX: (604) 631-3232
Email: anathanson@fasken.com
Agent
Scott M. Prescott
Fasken Martineau DuMoulin LLP
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sprescott@fasken.com

Party: British Columbia Civil Liberties Association

Counsel
Ryan D.W. Dalziel
Daniel A. Webster, Q.C.
Thomas J. Moran
Bull, Housser & Tupper LLP
3000 - 1055 West Georgia Street
Vancouver, British Columbia
V6E 3R3
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Vancouver Coastal Health Authority

Counsel
Sheila Tucker
Davis LLP
2800 Park Place
666 Burrard Street
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 643-2980
FAX: (604) 605-3781
Email: stucker@davis.ca
Agent
Marie-France Major
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: marie-france.major@mcmillan.ca

Party: Canadian Civil Liberties Association

Counsel
Paul F. Monahan
Antonio Di Domenico
Fasken Martineau DuMoulin LLP
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Email: pmonahan@fasken.com
Agent
Julia Kennedy
Fasken Martineau DuMoulin LLP
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: jkennedy@fasken.com

Party: Canadian HIV/AIDS Legal Network, International Harm Reduction Association and CACTUS Montréal

Counsel
Michael A. Feder
Angela M. Juba
Richard A. Elliott
Louis Letellier de St-Just
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Michael J. Sobkin
90 blvd. de Lucerne
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca

Party: Canadian Nurses Association, Registered Nurses' Association of Ontario and Association of Registered Nurses of British Columbia

Counsel
Rahool P. Agarwal
Michael Kotrly
John M. Picone
Norton Rose Canada LLP
3800 - 200 Bay Street
P.O. Box 84
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: rahool.agarwal@nortonrose.com
Agent
Sally Gomery
Norton Rose Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.com

Party: Canadian Public Health Association

Counsel
Owen M. Rees
Andrea Gonsalves
Fredrick Schumann
Stockwoods LLP
77 King Street West
Suite 4130, P.O. Box 140
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Email: owenr@stockwoods.ca
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Canadian Medical Association

Counsel
Guy J. Pratte
Nadia Effendi
Jean Nelson
Borden Ladner Gervais LLP
100 - 1100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: gpratte@blgcanada.com

Party: British Columbia Nurses' Union

Counsel
Marjorie Brown
Victory Square Law Office
100 West Pender Street
Suite 500
Vancouver, British Columbia
V6B 1R8
Telephone: (604) 684-8421
FAX: (604) 684-8427
Email: mbrown@vslo.ca
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com

Party: Real Women Canada

Counsel
Michael A. Chambers
Maclaren Corlett
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Division of powers - Interjurisdictional immunity - Federal paramountcy - Right to life, liberty and security of person - Reasonable limits prescribed by law - Health law - Hospitals and Health care facilities - Criminal law - Offences of trafficking and possession of controlled substances - Procedural Law - Costs - Are ss. 4(1) and 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, constitutionally inapplicable to the activities of staff and users at Insite, a health care undertaking in the Province of British Columbia? - Does s. 4(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Does s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, infringe the rights guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Whether the trial judge erred in awarding costs to the respondents.

Inside the Vancouver Safe Injection Site drug users self inject controlled drugs and substances. The health clinic’s staff oversee drug use, provide clean facilities and sterile equipment, respond to emergencies such as overdoses, and provide health and counselling services. The clinic operates under exemptions from the trafficking and possession offences granted by the Minister of Health pursuant to s. 56 of the C.D.S.A. The Minister’s exemptions permit the clinic to operate without its staff and clients being prosecuted for trafficking or possession of controlled substances. No extensions of the exemptions appear forthcoming. The respondents applied for a multitude of declarations that will permit the clinic to continue operations without exemptions.

Lower court rulings

May 27, 2008
Supreme Court of British Columbia

S075547, 2008 BCSC 661

Sections 4(1) and 5(1) of Controlled Drugs and Substances Act declared in breach s. 7 of Charter and of no force and effect. Temporary suspension of declaration and interim constitutional exemption granted; Other applications dismissed.
October 31, 2008
Supreme Court of British Columbia

S075547, 2008 BCSC 1453

Special costs award granted to PHS Community Services Society, Dean Edward Wilson and Shelly Tomic; special costs award granted to VANDU
February 19, 2009
Supreme Court of British Columbia

S065589

Special costs award granted to PHS Community Services Society, Dean Edward Wilson and Shelly Tomic; special costs award granted to VANDU
January 15, 2010
Court of Appeal for British Columbia (Vancouver)

CA 036158, CA036159, 2010 BCCA 15

Cross-appeal allowed, ss. 4(1) and 5(1) of CDSA declared constitutionally inapplicable to the activities at Vancouver Safe Injection Site on basis of interjurisdictional immunity; appeal dismissed as moot; order by Pitfield J. stayed; appeal from special

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

Select format
Select language
Date modified: 2025-02-27