The ruling stands as a razor-sharp rebuke of the federal government’s rather fragile position, at least as in terms of the insurmountable evidence that Insite averts deaths from overdose, helps prevent the spread of disease, and facilitates treatment and recovery. The Court’s decision also stands as a potential landmark in Canadian constitutional law, having considerable implications for the obligations the Charter increasingly imposes on government.
Before delving into these two important elements of the decision, it is worth noting what the Court does not do.
The decision does not privilege the provinces’ role in health care over the federal government’s ability to determine criminal law. This is not a case in which British Columbia and the other provinces won a jurisdictional battle. The federal Controlled Drugs and Substances Act remains intact. Although the decision likely paves the way for provinces to open new safe-injection facilities, the balance of power between the provinces and the federal government remains otherwise unchanged.