PHS Community Services Society et al. v. Canada (Attorney General)

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgePitfield, J.
Citation[2008] B.C.T.C. Uned. 351 (SC),[2008] B.C.T.C. Uned. 351,2008 BCSC 661
Date27 May 2008
Subject MatterCRIMINAL LAW,PRACTICE,CIVIL RIGHTS,CONSTITUTIONAL LAW

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17 practice notes
  • PHS Community Services Society et al. v. Canada (Attorney General),
    • Canada
    • Court of Appeal (British Columbia)
    • January 15, 2010
    ...provisions of the CDSA, is unconstitutional". The British Columbia Supreme Court, in a decision reported at [2008] B.C.T.C. Uned. 351; 2008 BCSC 661, dismissed PHS's claim for a declaration that ss. 4(1) and 5(1) of the CDSA did not apply to Insite by reason of the application of the doctri......
  • Table of cases
    • Canada
    • Irwin Books Archive Fundamental Justice. Section 7 of the Canadian Charter of Rights and Freedoms
    • September 8, 2012
    ...(AG) v PHS Community Services Society, 2011 SCC 44, aff’g 2010 BCCA 15, aff’g (sub nom PHS Community Services Society v Canada (AG)), 2008 BCSC 661 ................ 27, 136, 139, 14 7 Canada (Justice) v Khadr, 2008 SCC 28 .................................................. 50–54, 59 Canada (......
  • Substantive Principles of Fundamental Justice
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ..., above note 91 at para 150. 169 PHS , above note 10, aff’g 2010 BCCA 15, aff’g ( sub nom PHS Community Services Society v Canada (AG) ), 2008 BCSC 661 [ PHS 2008]. In Victoria (City) v Adams , 2009 BCCA 563, var’g 2008 BCSC 1363, the Court of Appeal overturned the trial judge’s holding tha......
  • Table of cases
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...(AG) v PHS Community Services Society, 2011 SCC 44, aff’g 2010 BCCA 15, aff’g (sub nom PHS Community Services Society v Canada (AG)), 2008 BCSC 661 .................29, 30, 33, 35, 73, 99, 152, 168, 170, 173, 176, 177, 181, 183, 188, 190 Canada (Attorney General) v Bedford, 2013 SCC 72 ..........
  • Get Started for Free
9 cases
  • PHS Community Services Society et al. v. Canada (Attorney General)
    • Canada
    • Court of Appeal (British Columbia)
    • January 15, 2010
    ...provisions of the CDSA, is unconstitutional". The British Columbia Supreme Court, in a decision reported at [2008] B.C.T.C. Uned. 351; 2008 BCSC 661, dismissed PHS's claim for a declaration that ss. 4(1) and 5(1) of the CDSA did not apply to Insite by reason of the application of the doctri......
  • Victoria (City) v. Adams et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 14, 2008
    ...declared: "other rights are hollow without these rights". [144] In PHS Community Services Society v. Attorney General of Canada , 2008 BCSC 661, 293 D.L.R. (4th) 392, a case dealing with the Vancouver Safe Injection Site, Mr. Justice Pitfield discussed the right to life at paras. 140-142 as......
  • PHS Community Services Society et al. v. Canada (Attorney General)
    • Canada
    • Supreme Court (Canada)
    • May 12, 2011
    ...of Health in a 2008 report, and summarized by the trial judge at para. 16 of his reasons ([2008] B.C.T.C. Uned. 351; 85 B.C.L.R.(4th) 89; 2008 BCSC 661). Generally, he found that: • those surveyed had been injecting drugs for an average of 15 years; • the majority (51%) inject heroin and 32......
  • Cambie Surgeries Corporation v. British Columbia (Attorney General)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 29, 2018
    ...the deponent of each affidavit. This was also the procedure followed in PHS Community Services Society v. Attorney General of Canada, 2008 BCSC 661, where on appeal the Supreme Court of Canada ultimately concluded that the Minister of Health’s failure to grant an exemption to a supervised c......
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8 books & journal articles
  • Substantive Principles of Fundamental Justice
    • Canada
    • Irwin Books Archive Fundamental Justice. Section 7 of the Canadian Charter of Rights and Freedoms
    • September 8, 2012
    ..., above note 57 at para 150. 124 PHS , above note 55, aff’g 2010 BCCA 15, aff’g ( sub nom PHS Community Services Society v Canada (AG) ), 2008 BCSC 661 [ PHS 2008]. In Victoria (City) v Adams , 2009 BCCA 563, var’g 2008 BCSC 1363, the Court of Appeal overturned the trial judge’s holding tha......
  • Table of cases
    • Canada
    • Irwin Books Archive Fundamental Justice. Section 7 of the Canadian Charter of Rights and Freedoms
    • September 8, 2012
    ...(AG) v PHS Community Services Society, 2011 SCC 44, aff’g 2010 BCCA 15, aff’g (sub nom PHS Community Services Society v Canada (AG)), 2008 BCSC 661 ................ 27, 136, 139, 14 7 Canada (Justice) v Khadr, 2008 SCC 28 .................................................. 50–54, 59 Canada (......
  • Substantive Principles of Fundamental Justice
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ..., above note 91 at para 150. 169 PHS , above note 10, aff’g 2010 BCCA 15, aff’g ( sub nom PHS Community Services Society v Canada (AG) ), 2008 BCSC 661 [ PHS 2008]. In Victoria (City) v Adams , 2009 BCCA 563, var’g 2008 BCSC 1363, the Court of Appeal overturned the trial judge’s holding tha......
  • Table of cases
    • Canada
    • Irwin Books Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms. Second Edition
    • June 22, 2019
    ...(AG) v PHS Community Services Society, 2011 SCC 44, aff’g 2010 BCCA 15, aff’g (sub nom PHS Community Services Society v Canada (AG)), 2008 BCSC 661 .................29, 30, 33, 35, 73, 99, 152, 168, 170, 173, 176, 177, 181, 183, 188, 190 Canada (Attorney General) v Bedford, 2013 SCC 72 ..........
  • Get Started for Free