email Oct 23 2015

On 23 Oct 2015 03:42, "JF A" <jenagyei@hotmail.com> wrote: Hello Kim and Muku, and . I couldn’t figure out where to incorporate the following with the great work Kim has already done. Muku, maybe you can incorporate info below into what Kim sent. I think the work is due the latest Sunday 11:59PM Vancouver time not on Monday. The is scheduled internet work so there will be no internet, it is very likely will extend it to Monday.

Q 1. Outline I. Background / fact of case a. Nature of addiction b. Establishment of Insite c. Community and Political support for Insite II. Challenged Statute – Controlled Drugs and Substance Act (CDSA), Sections 4 (1), 5 (1&2) and 56 III. Argument for Insite a. Inapplicability of CDSA because it intrudes on provincial governments jurisdiction over healthcare and hospitals. Interjurisdictional immunity should apply in favor of the province head / power b. Charter challenge under section 7 – breach of life, liberty and security of a person IV. Argument opposing Insite a. Interjurisdictional immunity should apply in favor of the federal head / government b. The Charter should not be applied, addiction is a personal choice V. Application of the Charter to Insite – is CDSA saved by section 1 of the Charter VI. Conclusion

Q 2. Lessard and division of power a. The role of local community activism in democratic politics is at stake because these community activists lack the resources, support and sometimes the platform to get their views across. Community activism is a way for the poorest and marginalized citizens in our society to have a voice but this is not always the case. These people are neglected, sometime they represent a small percentage of the community as was the case of Insite that it is very difficult to gain support and momentum. The people concerned are drug addicts, lived in the poorest neighborhood in Vancouver, exposed to violence, homelessness, the composition of the people who lived in the area was a mixture of First Nation and first generation immigrants. It is no surprised they face a lot of huddles before they were able to organize as a group fighting for and united by a common goal or cause – to keep Insite open and to provide services to those at risk of death, infection, contracting HIV as a result of syringe sharing, counselling, training, etc. The article talks about the role of social movement in shaping the community/country, harm reduction emerged once the group mobilized, VANDU/Insite was created. The goal for Insite was for the government to approve and provide financial support for a safe injection site. The group went from handing out leaflets, peaceful street demonstration and meetings at churches and local parks to main stream political stage where it gained local, provincial and federal government support.

b. Cooperative federalism in a democracy is at stake because even though the court/country has moved away from the watertight compartment interpretation of the division of power to cooperative federalism, conflicts arises where the court interprets and assign the disputed area. Cooperative federalism is an arrangement where both levels of government could potentially encroach on the others power; however this invasion was done through negotiation and private agreements without the involvement of the court. As more and more conflicts arise, the government and private citizens alike are turning to the courts for resolutions. Judicial intervention has meant resolving conflict using federalism principles such as interjurisdictional immunity doctrine, paramountcy and double aspect doctrine in favor of extending federal governments power to further encroach on provincial governments power as assigned by the Constitutional Act under sections 91 and 92.