The Supreme Court dropped the ball on private health care
18 years ago that opened the door to private health care in Quebec – but kept it shut in the rest of Canada.
A seventh justice ruled that Quebec’s ban on private health care violated the province’s charter but declined to go further to determine if the ban also violated the Canadian charter. So private health care became legal in Quebec, but only in Quebec.v. British Columbia that the province’s ban on private care was not a constitutional violation. Last year, a B.C. appeals court, but disagreed in part.
On Thursday, the court announced that it would not grant Cambie’s application for leave to appeal. Unless the applicants take the extraordinary step of asking for a reconsideration of that decision, their legal battle is done. As for settled law, that could scarcely be less the case. A split Supreme Court has yet to render a decisive verdict for most of the country. That split is echoed in the B.C. appeals decision, where the dissenting judge crisply and efficiently dismantled the reasoning of the majority. And most important, there remains one set of rules for Quebec, and one for the rest of the country.
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