While the Supreme Court of Canada rejected the approach taken by a majority of the BC Court of Appeal that the
doctrine of interjurisdictional immunity protected InSite as a creation of the province's purported «core» legislative power over health issues — the SCC could not identify a «core» power over health exclusive to provinces, found that the ousting of criminal law from the domain of health could potentially create problematic «
legal vacuums», and that the CDSA as a whole was still valid and applicable legislation — the Minister's decision to
deny an exemption to InSite violated the claimants» section 7 Charter rights.
The
legal doctrine of caveat emptor («let the buyer beware») continues to apply to real estate transactions in BC today, and can have the effect of
denying the buyer a remedy for defects and deficiencies discovered in the property after purchase.