But Kalicum and Nyx still had a constitutional challenge up their sleeves. It was underway at the time of their conviction, and Murray finally arrived at her answer this week: the Canadian ban on trafficking drugs violates the Charter right to life, liberty and security, as well as the right to equality under the law. In Murray’s view, the prohibition on drug trafficking imposed discriminatory hardship upon drug addicts, whose addiction she considered a disability. Which, if you think about it, might as well strike out the entire Criminal Code. What rules don’t disproportionately affect drug users?
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