Social Morality and the Civil Rights of Canadian Drug Users

Abstract

How far should the state go to prevent drug abuse? This paper rejects H.L.A. Hart's paternalism, and even more strongly opposes Lord Devlin's case for the legal enforcement of morals. It adopts instead, J. S. Mill's argument that only public defence justifies state intervention or coercion. Canadian drug laws, which embody Devlin's position, are abusive of civil rights and ineffective despite their oppressiveness. In particular, the paper examines the violation of rights involved in school and employment drug detection plans, and also in compulsory treatment programs for illicit drug users. Basic legal reform is advocated.