Supreme Disagreement:The Highest Court Affirms an Empty Right

Canadian Medical Association Journal, Vol. 173, No. 2, p. 142, 2005

2 Pages Posted: 28 Jun 2008

See all articles by Colleen M. Flood

Colleen M. Flood

University of Ottawa - Faculty of Law

Terrence Sullivan

Cancer Care Ontario

Abstract

In a narrow and contentious 4:3 decision in the appeal case of Chaoulli v. Quebec (Atttorney General), the Supreme Court of Canada has struck down Quebec laws prohibiting the sale of private health insurance on the basis that they violate Quebec's Charter of Human Rights and Freedoms. This paper provides critical comment on the reasoning of the Court's decision and highlights some key difficulties of the decision as illustrated through experiences in other OECD countries. The paper concludes with the possible implications of the Chaoulli decision moving forward finding that without a flourishing private sector the right to purchase private insurance is meaningless, as such the real effect of this decision is to protect an empty right.

Keywords: Chaoulli, Charter of Human Rights and Freedoms, Canadian Charter of Rights and Freedoms

Suggested Citation

Flood, Colleen M. and Sullivan, Terrence, Supreme Disagreement:The Highest Court Affirms an Empty Right. Canadian Medical Association Journal, Vol. 173, No. 2, p. 142, 2005, Available at SSRN: https://ssrn.com/abstract=1152329

Colleen M. Flood (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
416-697-4594 (Phone)

Terrence Sullivan

Cancer Care Ontario ( email )

Cancer Care Ontario/Action Cancer Ontario
620 University Avenue
Toronto, Ontario M5G 2L7
Canada

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