The Application of the Canadian Charter in the Health Care Context

9 Health Law Review 22-26.

6 Pages Posted: 15 Mar 2015

See all articles by Martha Jackman

Martha Jackman

University of Ottawa - Common Law Section

Date Written: 2001

Abstract

This note examines the extent to which the Canadian Charter of Rights and Freedoms applies to the decisions and actions of those in the health care system. The Supreme Court’s decision in Eldridge v British Columbia has significantly expanded the potential for invoking the Charter in the health care context. Publicly funded health care in Canada has become a core government program. In Eldridge, the Supreme Court recognized that the publicly funded health care system is subject to Charter scrutiny. The Court found that the scope of the Charter’s protection should not be determined by the nature of the decision-maker or of the locus of the health care decision-making which impinges upon individual health-related rights, but rather by the nature of the service being provided, be it by government departments, hospitals or individual physicians.

Keywords: Canada, Charter, health care, Eldridge, funding, human rights, decision-making, medicare, constitution, public

Suggested Citation

Jackman, Martha, The Application of the Canadian Charter in the Health Care Context (2001). 9 Health Law Review 22-26.. Available at SSRN: https://ssrn.com/abstract=2578206

Martha Jackman (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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