Canadian Court of Appeal upholds supervised injection site’s right to operate – International Yearbook on Human Rights and Drug Policy, Vol. 1, 2010

Case Summary: PHS Community Services Society v. Canada (Attorney General), 2010 BCCA 15 (B.C. Court of Appeal)

On 15 January 2010, the British Columbia Court of Appeal, the province’s highest appellate court, held that Insite, North America’s first supervised injection facilty, was a provincial undertaking that did not undermine the federal goals of protecting health or eliminating the market that drives drugrelated offences. As such, the Court held that the drug possession and trafficking provisions of the Controlled Drugs and Substances Act (CDSA) did not apply to Insite.