IN THE SUPREME COURT OF BRITISH COLUMBIA - Reasons for Judgment

Whether the test has been satisfied should be determined by a motions judge on the basis of common sense and an extremely limited review of the case on the merits … A motions court should only go beyond a preliminary investigation into the merits when the result of the interlocutory motion will in effect amount to a final determination of the action, or when the constitutionality of a challenged s. [...] In order to overcome the assumed benefit to the public interest arising from the continued application of the legislation, the applicant who relies on the public interest must demonstrate that the suspension of the legislation would itself provide a public benefit. [...] Moreover, in exercising this discretion, I have turned my mind to the seriousness and justiciability of the instant issues, the genuineness of the plaintiff’s interest in the matter, and the reasonableness and effectiveness of this suit as a means of bringing the instant issues to this Court. [...] [95] As explained by the majority in Harper, “[i]n order to overcome the assumed benefit to the public interest arising from the continued application of the legislation, the applicant who relies on the public interest must demonstrate that the suspension of the legislation would itself provide a public benefit”: at para. [...] Deputy Chief Constable Wilson, the co-chair of the Canadian Association of Chiefs of Police's drug advisory committee, and vice-president of the BC Association of Chiefs of Police, expressed support for the Act and the important public safety and health function it serves: The BC Association of Chiefs of Police appreciates the tools this legislation provides our members, which will ensure everyone.