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

Osgoode Hall Law Journal, Vol. 44, No. 2, 349-75, (2006)

27 Pages Posted: 1 Aug 2013

See all articles by Martha Jackman

Martha Jackman

University of Ottawa - Common Law Section

Date Written: 2006

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

Suggested Citation

Jackman, Martha, 'The Last Line of Defence for [Which?] Citizens': Accountability, Equality, and the Right to Health in Chaoulli (2006). Osgoode Hall Law Journal, Vol. 44, No. 2, 349-75, (2006). Available at SSRN: https://ssrn.com/abstract=2304507

Martha Jackman (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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