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Canada v PHS Community Services Society: Interjurisdictional Immunity - Remaining Uncertainties and the Resulting Implications

This post is one of two winning papers submitted by JD students at Osgoode Hall Law School, York University as a written assignment for Prof. Richard Haigh's State and Citizen course. In its 2007 ruling, the Supreme Court of Canada ("SCC") addressed the controversies regarding interjurisdictional immunity in Canadian Western Bank v The Queen in […]

Canada (Attorney General) v PHS Community Services Society: Part II, Life, Liberty and Security of the Person in Vancouver’s Downtown East Side

This is the second part of a two-part post regarding Canada (Attorney General) v PHS Community Services Society. Part I can be found here.  Section 7: Life, Liberty and Security of the Person in Vancouver’s Downtown East Side The claimants in (case) having failed to establish that the criminal prohibitions on possession and trafficking in the Controlled […]

An Analysis of the Inapplicability of Interjurisdictional Immunity to the Insite Decision and its Implications for the Further Centralization of Powers

This post is one of two winning papers submitted by JD students at Osgoode Hall Law School, York University as a written assignment for Prof. Richard Haigh's State and Citizen course. The doctrine of interjurisdictional immunity, which can be used to challenge statutes on the ground of division of powers, seeks to limit the applicability […]