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PHS Community Services Society (2010)

Reshaping the “Living Tree”: Recent Developments in the Division of Powers under Canada’s Constitution

Mighty oaks from little acorns grow. In the early days of Confederation, the constitutional seedling needed protection from winds and rains (centripetal forces drawing Canadian attention back across the seas or immediately to the south) which might have stunted or bent its growth. Next, the sapling needed protection from provincial governments with many of the […]

Supervised Injection Sites: Threat to Canadian Federalism?

Health care undertakings by a province are potentially immune from criminal law. That is the conclusion reached by a 2-1 majority in PHS Community Services Society v Canada (Attorney General), 2010 BCCA 15 [PHS]. The case concerned Insite, a Vancouver clinic which provides a safe place for addicts to use drugs, and the applicability of […]