Canadians have a right to have doctor end their life, but no right to pay for the level of care actually needed to save life
In its 2005 decision in Chaoulli v Quebec, the court ruled that the province’s ban on private health insurance for medically necessary services violated the Quebec charter’s guarantee to the “right to life, and to personal security, inviolability and freedom.” But the court could not agree on whether that extended to people outside La belle province because the Canadian charter’s Sec.
That contradiction has hung over the country for the past 18 years — 14 of which were spent by Dr. Brian Day, owner of Vancouver’s Cambie Surgery Centre, fighting to get some clarity. By refusing to hear Day’s appeal, the Supreme Court shirked its responsibility to sort out whether there really is a difference in law between Quebec and the other provinces. It also gave its de facto blessing to the idea that individual rights can be taken away, even if doing so causes demonstrable harms.
Last summer, the British Columbia Court of Appeal declined to overturn lower court rulings in the case of Cambie Surgeries Corporation v British Columbia, but did so in such a roundabout andAt the initial trial, the court heard from numerous patients who had suffered poor health outcomes because they were forced to wait too long for medically necessary services.
were much longer in Canada than most other developed countries, and that the private surgery centres operating in B.C. had not caused harm to the public system. But these arguments were summarily dismissed.Article content The Court of Appeal’s majority opinion chastised the trial judge for minimizing the harms caused by excessive wait times and failing to acknowledge that restrictions on paying to receive faster care can lead to death. This, the court agreed, is a violation of the charter’s guarantees of life and security of person, but nonetheless ruled that such restrictions were in keeping with the principles of fundamental justice.
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