Court/Tribunal Decisions

R. v. Kin Yung Ku (B.C. Supreme Court, July 2001)

In this case a BC Supreme Court judge rejected arguments that the federal DNA criminal databank law violates an accused's rights under the Canadian Charter of Rights and Freedoms. Mr. Ku's lawyer argued, unsuccessfully, that the databank law that allows police to obtain warrants for the collection of DNA samples from individuals convicted of serious offences violates sections 7 and 8 of the Charter. These sections guarantee the right to life, liberty and security of the person and the right to be free from unreasonable search and seizure. Justice Baker noted that the Crown must provide justification for the warrant before the Court and also that the presumption that an individual who commits a serious offence is likely to commit other crimes is allowed in legal proceedings (such as bail proceedings) other than the actual trial. (Source: Ottawa Citizen, July 7, 2001 at p.A6.)

R. v. Krieger (Alberta Court of Queen's Bench, June 20, 2001)

Grant Krieger was charged with possessing marijuana for the purposes of trafficking. On June 20, 2001 a Calgary jury found Mr. Krieger not guilty. Mr. Krieger admitted to growing and selling marijuana but maintains it was only for the purposes of assisting those who smoke marijuana to relieve the pain caused by chronic medical conditions. Mr. Krieger suffers from multiple sclerosis. (Source: Ottawa Sun, June 22, 2001, p.14.)

Coroner's Inquest into the Death of Vanessa Young (Ontario, April 24, 2001)

Vanessa Young, a 15 year old girl suffering from bulimia nervosa, died of a heart attack on March 19, 2000 after she was prescribed "Prepulsid" (also known as "Cisapride") for her eating disorder. According to news reports, the U.S. F.D.A. had issued warnings about the drug since June 1998 and sent out an advisory in January 2000 alerting U.S. physicians to the occurrence of fatal cardiac arrests. Health Canada did not issue its own advisory until May 31, 2000.

The Coroner's Jury's Report made headlines when it was issued on April 24, 2001. The Jury had numerous recommendations directed to Health Canada, the Pharmaceutical Industry, the Ontario College of Physicians and Surgeons, the Ontario College of Pharmacy, the College of Family Physicians, Ontario Medical Schools, Ontario Nursing Schools, the Ontario Ministry of Health and the Coroner's Office itself. The most widely reported recommendation, based on the evidence heard by the Jury that voluntary reporting of adverse drug reactions was inadequate, was that it be mandatory for health care professionals to forward to Health Canada information on all "serious" adverse drug reactions within 48 hours. A "serious" adverse reaction is defined as "a noxious and unintended response to a drug that occurs at any dose and that requires in-patient hospitalization or prolongation of existing hospitalization, causes congenital malformation, results in persistent or significant disability or incapacity, is life-threatening or results in death." (Source: Office of the Chief Coroner for Ontario, April 24, 2001.)