Factum of the Interveners at the Supreme Court of Canada: R. v. Lloyd

“Globally, prisons disproportionately incarcerate people from marginalized communities, who, in turn, are disproportionately affected by conditions such as drug dependence, HIV, and hepatitis C virus. … Section 5(3)(a)(i)(D) of the Controlled Drugs and Substances Act (the “MMS Provision”) mandates that the persons to whom it applies serve a one year prison sentence, whatever their health condition. The MMS Provision thereby jeopardizes the health of people who use drugs, particularly those living with HIV and/or HCV, and public health more broadly. … The Coalition intervenes with respect to each of the constitutional questions at issue in this appeal. The Coalition submits that the MMS Provision violates ss. 7 and 12 of the Charter, and that those violations cannot be justified under s. 1.”

Interveners: HIV & AIDS Legal Clinic (Ontario), Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS, Prisoners with HIV/AIDS Support Action Network (PASAN), and Canadian Association of People Who Use Drugs