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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 55<br />

fundamental importance to engage a s. 7 liberty interest. It<br />

appears then, that the alleged prohibition on marihuana smoke<br />

by the CRHC constitutes a deprivation of Mr. <strong>Young</strong>'s s. 7<br />

liberty rights, though obviously the sanction of eviction is<br />

not as severe as that imposed by the CDSA, namely<br />

imprisonment.<br />

Security of the Person<br />

<strong>2003</strong> <strong>BCSC</strong> <strong>926</strong> (<strong>CanLII</strong>)<br />

[119] In Parker, it was held that depriving a patient with<br />

a life-threatening illness of medication, through a criminal<br />

sanction, constituted serious interference with both physical<br />

and psychological integrity. In the case at bar, the sanction<br />

is not criminal in nature, but does have the effect of<br />

depriving Mr. <strong>Young</strong> of his medication (based solely on the<br />

assumptions I have made for the purpose of this analysis).<br />

[120] Most of the "security of the person" jurisprudence<br />

cited in Parker was decided in the criminal law context.<br />

Rosenberg J.A. quoted, for instance, from the reasons of<br />

Beetz J. in R. v. Morgentaler, [1988] 1 S.C.R. 30 at 91:<br />

If a rule of criminal law precludes a person<br />

from obtaining appropriate medical treatment when<br />

his or her life or health is in danger, then the<br />

state has intervened and this intervention<br />

constitutes a violation of that man's or that<br />

woman's security of the person. "Security of the<br />

person" must include a right of access to medical<br />

treatment for a condition representing a danger to

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