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Canada (AG) v PHS Community Services Society

Index 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''. [1]

28 relations: Beverley McLachlin, Bright-line rule, British Columbia Court of Appeal, Canadian Western Bank v Alberta, Constitution Act, 1867, Controlled Drugs and Substances Act, Cooperative federalism, Double aspect, Downtown Eastside, Fundamental justice, Insite, Interjurisdictional immunity, Mandamus, Minister of Health (Canada), No-go area, Portland Hotel Society, Quebec (AG) v Canadian Owners and Pilots Assn, R v Malmo-Levine; R v Caine, Section 1 of the Canadian Charter of Rights and Freedoms, Section 24 of the Canadian Charter of Rights and Freedoms, Section 7 of the Canadian Charter of Rights and Freedoms, Separation of powers, Supervised injection site, Supreme Court of British Columbia, Supreme Court of Canada, Tony Clement, Vancouver, Vancouver Coastal Health.

Beverley McLachlin

Beverley McLachlin, (born September 7, 1943) was the 17th Chief Justice of Canada, the first woman to hold this position, and the longest serving Chief Justice of Canada in history.

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Bright-line rule

A bright-line rule (or bright-line test) is a clearly defined rule or standard in the United States, composed of objective factors, which leaves little or no room for varying interpretation.

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British Columbia Court of Appeal

The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada.

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Canadian Western Bank v Alberta

Canadian Western Bank v Alberta 2 S.C.R. 3 is a landmark decision in Canadian constitutional law by the Supreme Court of Canada (SCC) relating to the division of powers between Federal and Provincial legislative bodies.

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Constitution Act, 1867

The Constitution Act, 1867, 30 & 31 Victoria, c. 3 (U.K.), R.S.C. 1985, App.

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Controlled Drugs and Substances Act

The Controlled Drugs and Substances Act (Loi réglementant certaines drogues et autres substances) (the Act) is Canada's federal drug control statute.

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Cooperative federalism

Cooperative federalism, also known as marble-cake federalism, is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the dual federalism of the 19th-century United States) or clashing over a policy in a system dominated by the national government.

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Double aspect

Double aspect is a legal doctrine in Canadian constitutional law that allows for laws to be created by both provincial and federal governments in relation to the same subject matter.

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Downtown Eastside

The Downtown Eastside (DTES) is a neighbourhood in Vancouver, British Columbia, Canada.

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Fundamental justice

In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation.

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Insite

Insite is the first legal supervised drug injection site in North America, located at 139 East Hastings Street, in the Downtown Eastside (DTES) neighbourhood of Vancouver, British Columbia.

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Interjurisdictional immunity

In Canadian Constitutional law, interjurisdictional immunity is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level.

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Mandamus

Mandamus (Latin "we command") is a judicial remedy in the form of an order from a superior court, to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty.

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Minister of Health (Canada)

The Minister of Health (Ministre de la Santé) is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing health-focused government agencies including Health Canada and the Public Health Agency of Canada, as well as enforcing the Canada Health Act (the law governing Canada's universal health care system).

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No-go area

A "no-go area" (or "no-go zone") is an area in a town barricaded off to civil authorities by a force such as a paramilitary, or an area barred to certain individuals or groups.

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Portland Hotel Society

Portland Hotel Society (PHS) is a Canadian non-profit society created in 1993 to provide advocacy, housing, services, and opportunities, for the marginalized citizens of Vancouver's Downtown Eastside.

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Quebec (AG) v Canadian Owners and Pilots Assn

Quebec (AG) v Canadian Owners and Pilots Assn, 2010 SCC 39, 2 SCR 536, also referred to as Quebec v. COPA, is a leading case of the Supreme Court of Canada on determining the applicability of the doctrines of interjurisdictional immunity and federal paramountcy in Canadian constitutional law.

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R v Malmo-Levine; R v Caine

R v Malmo-Levine; R v Caine 3 S.C.R. 571, 2003 SCC 74, is a leading constitutional decision of the Supreme Court of Canada.

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Section 1 of the Canadian Charter of Rights and Freedoms

Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed.

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Section 24 of the Canadian Charter of Rights and Freedoms

Section 24 of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated.

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Section 7 of the Canadian Charter of Rights and Freedoms

Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada.

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Separation of powers

The separation of powers is a model for the governance of a state.

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Supervised injection site

Supervised injection sites (SIS) (also known as supervised injection facilities, safe injection sites fix rooms,https://www.npr.org/sections/parallels/2013/12/16/246606797/denmarks-fix-rooms-give-drug-users-a-safe-haven safer injection facilities (SIF), drug consumption facilities (DCF) or medically supervised injection centers (MSIC)) are legally sanctioned, medically supervised facilities designed to reduce nuisance from public drug use and provide a hygienic and stress-free environment in which individuals are able to consume illicit recreational drugs intravenously.

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Supreme Court of British Columbia

The Supreme Court of British Columbia (BCSC) is the superior trial court for the province of British Columbia, Canada.

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Supreme Court of Canada

The Supreme Court of Canada (Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system.

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Tony Clement

Tony Peter Clement, (born January 27, 1961) is a Canadian federal politician and Member of Parliament of the Conservative Party of Canada.

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Vancouver

Vancouver is a coastal seaport city in western Canada, located in the Lower Mainland region of British Columbia.

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Vancouver Coastal Health

Vancouver Coastal Health (VCH) is a regional health authority providing direct and contracted health services including primary, secondary, tertiary and quaternary care, home and community care, mental health services, population and preventive health and addictions services in part of Greater Vancouver and the Coast Garibaldi area.

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Redirects here:

Canada (AG) v PHS Community Service Society, Canada (Attorney General) v. PHS Community Services Society, Insite case.

References

[1] https://en.wikipedia.org/wiki/Canada_(AG)_v_PHS_Community_Services_Society

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