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......
  • 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......
  • 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 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 ..........
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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......
  • PHS Community Services Society et al. v. Canada (Attorney General), (2011) 310 B.C.A.C. 1 (SCC)
    • 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......
  • PHS Community Services Society et al. v. Canada (Attorney General), (2011) 421 N.R. 1 (SCC)
    • 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......
  • 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......
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8 books & journal articles
  • 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......
  • 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 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 ..........
  • 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 (......
  • Get Started for Free