John:

Just realised that I've been waiting for a few months to hear you refer to
a court case from May in which the BC Supreme Court set aside another
drug law for Parliament to re-legislate; was expecting you to say, "See,
here's POLCOA again!" (Cdn Press story below "Drug laws unconstitutional:
B.C. Supreme Court" - you may want to visit the URL & read comments.)

Furthermore, I still think you should be referring to Abortion as the most
prominent example of POLCOA - especially given Dr. Morgentaler's Order of
Canada. Surely, using this example would be reported by the press across
Canada? If POLCOA applies to Abortion, why not Marijuana (regardless of
one's moral position on either issue, Parliament needs to legislate for
law to exist)?
You haven't gotten press or court attention by Not using Abortion; what
have you got to lose?
--
Lorne WHITE lwhite@...
PORT COLBORNE ON
905/ 835-5506


Drug laws unconstitutional: B.C. Supreme Court
Last Updated: Wednesday, May 28, 2008 | 1:31 AM ET Comments98Recommend75
The Canadian Press
http://www.cbc.ca/canada/british-columbia/story/2008/05/27/bc-supreme-court-insi\
\
te.html

Canada's laws prohibiting possession and trafficking of drugs were struck
down as unconstitutional Tuesday by the B.C. Supreme Court, in a case
focusing on the plague of drug addiction in Vancouver's Downtown Eastside.

However, Justice Ian Pitfield gave Ottawa until June 30, 2009, to fix the
law and bring it in line with the constitutional principle of fundamental
justice.

The ruling, in a case challenging the federal government's jurisdiction
over Insite, Vancouver's controversial safe-injection site, goes well
beyond the site itself.

The case was launched by the non-profit organization that runs Insite and
a group of addicts, who argued the site addresses a public health crisis.

In a 60-page ruling released Tuesday, Pitfield found that sections of the
federal Controlled Drugs and Substances Act are inconsistent with Section
7 of the Charter of Rights and Freedoms.

Pitfield says in his ruling that denying access to the site ignores the
illness of addiction.

"While there is nothing to be said in favour of the injection of
controlled substances that leads to addiction, there is much to be said
against denying addicts health care services that will ameliorate the
effects of their condition," he wrote.

"I cannot agree with the submission that an addict must feed his addiction
in an unsafe environment when a safe environment that may lead to
rehabilitation is the alternative."

The safe-injection site opened in 2003 under an exemption from Canada's
drug laws. But the latest exemption expires June 30 and the site needed
Ottawa's blessing to remain open beyond that date.

While Pitfield's decision striking down two sections of the federal drug
laws doesn't take effect until next year, he granted Insite an immediate
exemption, allowing it to remain open.

Federal government "studying" decision

Federal Health Minister Tony Clement issued only a brief statement on the
ruling: "We are studying the decision."

A spokesman for Public Safety Minister Stockwell Day declined comment, and
Justice Minister Rob Nicholson was not immediately available for comment.

The lawyer for the Portland Hotel Society, which runs Insite, said the
judge recognized the site provides a necessary service to people battling
addiction.

"The court ... affirmed the right of people with serious addictions to
access the health care they need to deal with the addictions and the
coincidental health affects of those addictions," Monique Pongracic-Speier
said.

Ruling has national implications

Pongracic-Speier said while the decision was based on the situation in the
Downtown Eastside, it has implications across the country.

"So if the Parliament of Canada decides that it's not going to amend the
laws ... then those laws are off the books," she said.

"They [supporters of the safe-injection site] don't want to see
open-season on trafficking, and it would be my expectation that the
federal government will update the laws."

John Conroy, lawyer for the other plaintiff, the Vancouver Area Network of
Drug Users, said Ottawa must now update its laws to ensure provinces are
free to provide health-care services to addicts.

"The government's options are to now create a better exemption process
that recognizes the provincial health jurisdiction," he said.

"So when the province is carrying out a genuine health service ... there
isn't a dependence on the whim of the federal minister to exempt people."

The Portland Hotel Society celebrated the ruling

"What he's saying is, well, yes, if this service is withdrawn, people will
die," said Mark Townsend, executive director.

"It's very important that you control drugs and heroin and trafficking,
but it's overboard to then condemn people to die, is basically what he's
saying."

Drug addiction is a health issue: Insite supporters

Federal lawyers argued before the court that the Charter of Rights and
Freedoms doesn't protect the right of drug addicts to shoot up. They told
the B.C. court that the future of Vancouver's supervised-injection site is
a matter of political policy, not law.

But the site has a long list of supporters who have lobbied Ottawa for its
continued operation, including health and medical experts, Vancouver Mayor
Sam Sullivan and the provincial government.

"We are encouraged by the judgment," said B.C. Health Minister George
Abbott. "We are strongly supportive of Insite as part of the continuum of
mental-health and addictions services in this province."

Neil Boyd, a B.C. criminologist who was hired by the federal government to
study the impact of Insite, said the ruling reinforces a changing way of
looking at drug addiction.

"It does seem to make the point that over the last two decades has been
made again and again: That the problems of drug use are best understood as
public health problems ... and not as problems for the criminal law," said
Boyd, who teaches at Simon Fraser University.

Boyd noted that there are still several levels of appeal available to the
federal government, but he said the B.C. ruling does offer yet another
opinion supporting Insite that will put more pressure on Ottawa.

"As a lawyer, I think I have to be cautious and say it's not the end of
the story," Boyd said.

Sullivan also predicted Tuesday's judgment won't put an end to the issue.

The Vancouver mayor said he expects the federal government to appeal,
setting off a protracted legal battle that could take years to resolve.
And he said he's glad Insite will be allowed to stay open in the meantime.

"We need to try new approaches, we need to respect that some people are
simply ill and are not able to deal with drug addiction the way we'd like
them to. ... It's very important to us that Insite remain open."
-30-


On Sat, July 26, 2008 02:56, John Turmel wrote:

#A Crown Factum for Terry Parker's Seized Pot Claim