The fussy nature of the appeal court’s new decision suggests that there is room for deference to prevail when the Supreme Court is presented with a chance to…
The two documents have very similar-looking guarantees of fundamental rights, but Quebec’s is unconditional, and is therefore deemed broader. Section 1 of Quebec’s charter reads: “Every human being has a right to life, and to personal security, inviolability and freedom.”
Ever since the Supreme Court executed this evasive manoeuvre, Dr. Brian Day, the country’s leading advocate of expanded private health care, has been working to spread the effects of Chaoulli to the whole country. Day, an orthopedic surgeon, is the founder of the Cambie Surgery Centre, a for-profit clinic in Vancouver that has sometimes allowed unlawful queue-jumping for publicly insured services.
Two of the appeal court judges, which is to say a majority, found that the “principles of fundamental justice” can justify severe individual harm to some patients on waiting lists in the name of state-monopoly medicare. This involved some innovative reasoning, which startled me a little when I got to paragraph 364 of the judgment :Article content
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