Policy, Legal, and Constitutional Implications of Chaoulli v. Quebec

by Johnson, Bart Morley

Abstract (Summary)
The central objective of this study is to examine the policy, legal, and constitutional implications resulting from the Chaoulli v. Quebec (2005 1 S.C.R. 791) both for the rights of Canadians within the scope of the publicly funded healthcare system and the configuration of that system. In examining the policy implications the thesis focuses on Quebecs Bill 33, Ralph Kleins Third Way proposal, and the development of national wait time benchmarks. In examining the legal implications the thesis focuses on the so-called copy-cat cases triggered by the Chaoulli case, namely Flora v. Ontario, Murray v. Alberta, and McCreith and Holmes v. Ontario. In examining the constitutional implications of Chaoulli the thesis focuses on the expansion of the interpretation of Section 7 of the Charter of Rights and Freedoms, and the elevation of timely access to healthcare to a Charter right.

The study concludes with some observations regarding how Canadas publicly funded healthcare system could evolve in the future and the role of the courts in the evolution of the system. It provides a warning that if appropriate and timely action is not taken by federal and provincial officials to minimize wait times in the publicly funded healthcare system, the implications of Chaoulli will continue to expand through future litigation and judicial decisions. One of the potential outcomes of such litigation and decisions is development of a two-tier or multi-tier healthcare system in Canada.

Bibliographical Information:

Advisor:Michelmann, Hans; Romanow, Roy; Backman, Allen; Garcea, Joseph

School:University of Saskatchewan

School Location:Canada - Saskatchewan

Source Type:Master's Thesis

Keywords:political science healthcare public policy


Date of Publication:06/19/2008

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