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Introduction Illegal drug use is a complex issue in societies all around the worldIts moral social and political elements make it a highly controversialdebate between the liberal and conservative political thinkersMeanwhile it is the vulnerable drug addicts that fall as scapegoats inthis debate by societys neglect in overlooking their humanity anddenying them access to the services and social support they need Inthis commentary the issue of establishing a supervised injectionfacility is discussed The Canadian courts have made the correctdecision in granting the facility the right to continue providing itsservices for drug addicts At the same time it will be established thatthe court has maintained its complementary role to parliament andlegislators policy making Hence it is important to note that thecourt does not debate the way a policy should approach an issue itdebates whether Canada has enforced a policy that does not comply withthe charter The IssueIn 2003 Canada witnessed the establishment of North Americas firstsafe drug-injection facility in Vancouvers Downtown East Side DTESThis supervised injection facility known as Insite was operated by anon-profit organization called PHS Community Services PHS Since itsinception public pressure on the federal government exempted theoperations of Insite from any criminal prosecution However in 2008 theMinister of Health under the new minority Conservative governmentopposed the extension of Insites past criminal exemptions jeopardizingits closure under the legal enforcement of the Controlled Drugs andSubstances Act CDSA As a result PHS filed a lawsuit in partnershipwith Dean Edward Wilson and Shelly Tomic - former clients of Insite - inaddition to other social advocacy groups Essentially the claimantsargued against the constitutionality of the section 41 and 51 of theCDSA claiming that to be charged with an offence of possession ofaddictive drugs infringes their section 7 charter rights to lifeliberty and security of person Hence the claimants sought anaffirmation validating the federal Minister of Healths decision inrefusing to grant Insite a criminal exemption from CDSA as a violationof Insite clients section 7 charter rights Case HistoryIn
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