Jeffrey W. Beedell

The Attorney General of Canada appealed a decision granting a constitutional exemption to Insite, a safe injection facility in Vancouver, from federal drug possession and trafficking laws.

The Supreme Court of Canada held that while the Controlled Drugs and Substances Act is valid federal criminal legislation that applies to provincial health facilities, the federal Minister of Health's refusal to grant an exemption under section 56 of the Act violated the claimants' section 7 Charter rights.

The Court found the Minister's decision was arbitrary and grossly disproportionate in its effects, as it denied life-saving medical care to vulnerable individuals without a corresponding benefit to public safety.

The Court ordered the Minister to grant the exemption forthwith.

The Attorney General for Saskatchewan brought a motion seeking an order directing the Saskatchewan Indian Gaming Authority Inc. to serve it with an application for leave to appeal.

The Court held that under the Rules of the Supreme Court of Canada and the Constitutional Questions Act, the Attorney General is considered a party and must be served.

The motion was granted with costs.