We’re proud to have joined forces with Pivot Legal Society to represent the Canadian Drug Policy Coalition in its intervention in Chinatown and Area Business Association v. Attorney General of Canada, 2019 FC 236.
The Business Association sought judicial review of exemptions from the Controlled Drugs and Substances Act granted by Canada’s Minister of Health in respect of three supervised consumption sites in Edmonton. The Coalition intervened in the case to make submissions about the legislative history of section 56.1 of the Act, the provision under which the exemptions were granted. Specifically, the Coalition argued that the dominant purposes of the legislation are to protect public health and the constitutional rights of people who use drugs.
On February 27, 2019, the Federal Court refused the Business Association’s application for judicial review. In the Court’s reasons for decision, Justice Mosley called the Coalition’s submissions “helpful”, and held that the “principal and mandatory focus” of section 56.1 of the Act is, indeed, public health.