It has been interesting to observe the fallout from the recent Supreme Court of Canada (SCC) decision which allows Insite, Vancouver’s largest supervised injection facility (SIF), to remain in operation.
In essence, the SCC found that the rights of the clients and staff of Insite to Insite outweigh any salutory effects arresting them for drug possession at Insite might have.
As the SCC put it:
… the effect of denying the services of Insite to the population it serves is grossly disproportionate to any benefit that Canada might derive from presenting a uniform stance on the possession of narcotics.
The court rejected the argument that Insite is a health facility under provincial rather than federal jurisdiction, but they agreed that, in this case, the Controlled Drugs and Subtances Act (CDSA) infringes on Charter rights.