In November 2011, the Health Law Section had an excellent presentation by the then provincial
Ombudsman, Irene Hamilton and by Gail Perry, Sr. Legislative and Policy Analyst, Manitoba
Ombudsman. They gave a very informative session with respect to developments in privacy and access
legislation specific to Manitoba but also with respect to the role and powers of the Ombudsman’s Office.
In February 2012, the Health Law Section met to hear another excellent presentation this time by Vivian
Rachlis and Elisabeth Olson with respect to the September 2011 decision of the Supreme Court in
Canada (Attorney General) v. PHS Community Services Society (“Insite”). The SCC Insite decision
contains interesting statements about the extent of the provincial power over health care and the reach
of Section 7 of the Charter in the health care context, and has implications for governments and
agencies engaged in the design of health‐related harm reduction strategies.
Beginning in 2003, Insite offered a variety of health‐related services to drug users living in Vancouver’s
Downtown Eastside, including a supervised injection centre. When in 2008 the federal government
withdrew its Ministerial site‐specific exemption from prohibitions on possession and trafficking under
The Controlled Drugs and Substances Act, the stage was set for a fascinating consideration of the
constitutional implications – both division of powers, and from a Charter perspective – of the
government’s actions.
This past year numerous new legislation and bills amending existing legislation were presented in the
Manitoba Legislature and distributed to the members of the Health Law Section for their interest and
input.
Respectfully submitted,
Corrine Deegan and Catherine Tolton, Co‐Chairs