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Landmark Insite decision threatens peace between judges and legislators

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But let's not forget Pierre's wonderful "Notwithstanding" clause entrenched in the constitution, which allows a provincial government to overrule the supreme court if it feels that the ruling is not in the best interest of it's citizens or culture. It's been used numerous times in Quebec's language laws.

 

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Isn't politics wonderful?

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There are huge implications for this judgement in both Bedford and the entire health arena.

 

The Judges even stated that what health care services were offered by a province were potentially subject to federal influence!

 

I see Cactus In Montreal are going to set up community sensitive supervised sites.

 

CB

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The implications of this decision for health care delivery are very important. I've never had a problem with such things, myself, but maybe I've simply been lucky, so far.

 

As I said in the news thread, I'm relieved that the SCC has come out so strongly in favour of solid, scientific evidence rather than ideology. It could be a pre-emptive strike against Harper's anticipated appointments to the SCC since new justices will be bound by recent decisions of the court. The Harper crew are not happy with the Insite decision. Once the new judges are appointed, it might have been much more difficult for the court to make a decision like this. The fact that it was unanimous is extremely important!

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The Bedford case could be heard with only seven judges. Some pundits worry about that, but I have no knowledge of its implications.

 

The heartening factoid may be that apparently "partisan" appointments often act in a nonpartisan fashion once appointed to the Bench.

 

CB

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