The Supreme Court has allowed the philosophy of John Rawls to determine meaning of \u0027fundamental justice\u0027
But what, pray tell, are principles of fundamental justice? In previous cases, the Supreme Court has said that a law may deprive Canadians of their right to life, liberty or security of the person as long as it is not arbitrary, overbroad or grossly disproportionate to the law’s purpose. In the BC decision, the majority said the law’s purpose was to ensure that access to necessary medical care “is based on need and not on an individual’s ability to pay.
The “veil of ignorance” is Rawls’ most venerated thought experiment. Behind the veil, no one knows their destinies and attributes, such as wealth, abilities, intelligence, race, gender, and so on, or where they will end up in the social pecking order. Since no one is sure whether they will be on top of the heap or at the bottom, the theory goes, every reasonable person would agree that redistribution of wealth and state provision of services are the only rational aspirations.
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