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.