'The Last Line of Defence for [Which?] Citizens': Accountability, Equality, and the Right to Health in Chaoulli

Abstract

This article explores the legal and health policy significance of the Supreme Court of Canada's decision in Chaoulli c. Québec (Procureur général). Through an in-depth examination of the judgments in the case, the author suggests that the majority's approach to the evidentiary, section 7, and remedial issues raised negates the potential of Charter review as a mechanism for promoting accountability and substantive equality in the health care context. The article goes on to consider the longer-term implications of the decision, including the likely impact of Chaoulli on the health rights of people living in poverty and on the evolution of the single-payer health care system.

Keywords: legal, law, Canada, Canadian, policy, health, Supreme Court, Chaoulli, evidentiary, section 7, Charter, rights, human rights, remedial, constitution, health, health care, accountability, substantive, equality, poverty