Thank you for that. You may well be right that ultimately it's okay. The reason I'm asking is that when we go back to a landmark decision, the Morgentaler case, the actual reason those provisions of the Criminal Code were struck down was that the Criminal Code was purporting to hold out a benefit of the criminal law, which was, in fact, a defence, that was differentially available across the country. It was that differential availability, including how it interacted with provincial health care systems, that produced the problem with the fundamental principles of justice. This may not be nearly as consequential as what was being dealt with in that case, but it strikes me that there's some analogy there.
On October 23rd, 2012. See this statement in context.