federal paramountcy

The B.C. Court of Appeal’s ruling on Vancouver’s Insite shooting gallery for heroin addicts makes for interesting reading. We are all so busy arguing over the merits of harm reduction, and the wisdom of the Harper government’s attempt to shut down the clinic, that it is easy to forget the big constitutional issue that was the chief concern of the court here. You would think that Canadian jurisprudence had developed a clear objective rule for settling even the trickiest “double aspect” issues, wherein both federal and provincial governments can claim that some crumb falls within their respective spheres of constitutional power.