Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).
Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).
Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).
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<strong>Young</strong> v. <strong>Saanich</strong> <strong>Police</strong> <strong>Department</strong>, et al Page 54<br />
(2) because they deprived the accused of the right to<br />
make decisions of fundamental personal importance,<br />
namely, the choice of medication to alleviate the<br />
effects of an illness with life-threatening<br />
consequences (para. 92).<br />
The court also found that the accused's right to security of<br />
the person had been infringed on the grounds that:<br />
<strong>2003</strong> <strong>BCSC</strong> <strong>926</strong> (<strong>CanLII</strong>)<br />
... Depriving a patient of medication in such<br />
circumstances, through a criminal sanction, also<br />
constitutes a serious interference with both<br />
physical and psychological integrity. (para. 97)<br />
[117] In the case at bar, Mr. <strong>Young</strong> never faced any threat<br />
of criminal prosecution or imprisonment. All that remains to<br />
be considered is whether the policies or actions of the CRHC<br />
interfere with Mr. <strong>Young</strong>'s ability to make decisions of<br />
fundamental personal importance or cause serious interference<br />
with his physical or psychological integrity.<br />
Liberty<br />
[118] Mr. <strong>Young</strong> complains that the CRHC's zero-tolerance<br />
policy deprives him of his right to smoke marihuana for the<br />
alleviation of his symptoms. According to Parker, one's<br />
choice of medication to alleviate the effects of an illness<br />
with life-threatening consequences is of sufficient