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Canada (AG) v PHS Community Services Society : ウィキペディア英語版 | Canada (AG) v PHS Community Services Society
is a leading Supreme Court of Canada case dealing with the application of the criminal law and healthcare heads of power found in section 91 and section 92 of the ''Constitution Act, 1867'' and the principles of fundamental justice in section 7 of the ''Canadian Charter of Rights and Freedoms''. == Background ==
In September 2003, the Vancouver Coastal Health Authority and the Portland Hotel Society opened Insite, North America's first supervised drug injection site, in Downtown Eastside Vancouver, an area racked by high drug use. s 4(1) and 5(1) of the ''Controlled Drugs and Substances Act'' (''CDSA'') prohibited the possession and trafficking of controlled substances, and so in order to operate, Insite was obligated to apply for an exemption for medical and scientific purposes from the ''CDSA''. The federal Minister of Health, whose discretionary powers under s 56 of the ''CDSA'' permitted the granting of exemptions, allowed Insite's application. Insite received further extensions on their exemption in 2006 and 2007. In 2008, Minister of Health Tony Clement failed to extend the exemption, casting doubt on Insite's ability to operate the facility in the future. In response, Insite launched a court challenge against the federal government.
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