Coherent Identifier About this item: 20.500.12592/dvhtzt

A helping hand : Main secourable : questions juridiques entourant l'assistance à l'injection dans les lieux supervisés pour l'injection




This paper considers the prohibition on assisted injection in SIFs through the lens of the Canadian Charter of Rights and Freedoms and suggests that the ban may run afoul of the prohibition on discrimination and the right to life, liberty and security of the person. [...] Charter s. 7: Rights to life, liberty and security of the person Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. [...] The Supreme Court has stated that “not every difficulty rises to the level of adverse impact on security of the person under s.7” but rather the effect must be serious (physically or psychologically) and “relate to a condition that is clinically significant to the current and future health” of the person.23 State-imposed increases in mental suffering24 and additional risks to physical health25 hav [...] Respect for the dignity of the person and the rule of law form the foundation of the Canadian system for the administration of justice and is essentially expressed through fundamental principles of law.41. [...] To justify the infringement of a Charter right by a law or government policy or action, the government must demonstrate that: •. the objective of the government measure is of sufficient importance to warrant overriding a constitutional right — meaning that, at a minimum, it must relate to concerns which are pressing and substantial; •. the measure is rationally connected to the achievement of this



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