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.