On Wednesday, October 21, 2015, Chief Justice Hinkson of the British Columbia Supreme Court gave effect to the arguments of an association called Drug War Survivors (“DWS”) that the City of Abbotsford’s bylaws that forbade sleeping in the City’s parks or the temporary erection of shelters without permits to be contrary to s. 7’s protection of security of the person under the Charter and were therefore of no force or effect. In an 81 page reasons for judgment in Abbotsford (City) v. Shantz, 2015 BCSC 1909 that reviewed the evolving jurisprudence under s. 7 of the Charter and specifically previous British Columbian decisions respecting a similar challenge of the City of Victoria’s bylaws, Chief Justice Hinkson made it clear that, while there was not a positive obligation on the part of the municipality to provide shelter to its homeless population, so long as there was insufficient shelter available, the municipality could not prohibit the homeless from doing what they needed to do in order to ensure their own life, liberty and security of their persons.
Today, in its fifth decision of the year, the Supreme Court overturned yet another decades old precedent and found the Criminal Code provisions prohibiting physician-assisted death in end-of-life situations unconstitutional and contrary to s. 7 of the Charter. This is the third time this year that the Court has overturned one of its previous decisions on constitutional matters. In Carter v. Canada (Attorney General), 2015 SCC 5, the Court spoke with one voice and in its own name (the headnote states that the precedent was “distinguished” but make no mistake, it no longer applies to these same statutory provisions against assisted death). No one justice was accredited with the authorship of the reasons.