Historically, the Supreme Court of Canada has avoided direct intervention in health care policy-making. This posture changed dramatically with the release of the Chaoulli decision in June 2005. In a narrow four-to-three decision, the Supreme Court struck down Quebec laws prohibiting the sale of private health insurance on the basis that they violate Quebec's Charter of Human Rights and Freedoms. Three of the four judges in the majority also found the provisions violate section seven of the Canadian Charter of Rights and Freedoms. In a blistering dissent however, the three judges in the minority found that the insurance restriction violated neither the Quebec nor the Canadian charters. The result makes further Charter challenges to similar laws in other provinces inevitable, but the question of whether they will or should succeed remains contested.
In September 2005, a conference was convened at the University of Toronto to discuss the legal implications of the Chaoulli decision. Some of the top Canadian scholars in the fields of health law and health policy were brought together to exchange ideas and to chart the potential legal course for Canada in the decision's wake. Access to Care, Access to Justice contains all the papers given at this conference.
Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments. As litigators for those who favour more freedom to provide private health care and aggrieved patients marshal their legal resources, provinces across the country are considering their options. Some are seeking guidance on how to better insulate themselves from review; others may welcome such challenges as a way to revisit the provisions of the Canada Health Act. The contributors to Access to Care, Access to Justice examine how the future of Canadian health care is likely to be determined both in the courts and in the legislatures and scrutinize how these changes will affect Canadians.
About the authors
Colleen M. Flood is a Canada Research Chair in health law and policy in the Faculty of Law and the Department of Health Policy, Management and Evaluation at the University of Toronto.
Kent Roach is a professor of law and the Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law. He is a graduate of the University of Toronto and of Yale University, and a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada. Professor Roach has been editor-in-chief of the Criminal Law Quarterly since 1998. In 2002, he was elected a Fellow of the Royal Society of Canada and in 2013 he was one of four academics awarded a Pierre Elliott Trudeau Fellowship. He is the author of twelve books, including Constitutional Remedies in Canada (winner of the Walter Owen Prize); Due Process and Victims’ Rights (shortlisted for the Donner Prize); The Supreme Court on Trial (shortlisted for the Donner Prize); Brian Dickson: A Judge’s Journey (winner of the Dafoe Prize; co-authored with Robert J. Sharpe); and The 9/11 Effect: Comparative Counter-Terrorism (winner of the David Mundell Medal). He is the co-editor of several collections of essays and published casebooks, including most recently Comparative Counter-Terrorism Law, which arose from his role as General Reporter on Counter-Terrorism Law for the XIX International Congress on Comparative Law held in 2014. With Justice Robert Sharpe, he is the co-author of The Charter of Rights and Freedoms volume in Irwin Law’s Essentials of Canadian Law series. False Security: The Radicalization of Canada’s Terror Law, co-authored with Craig Forcese, was published by Irwin Law in 2015. He has also written over 200 articles and chapters published in Australia, China, Hong Kong, India, Israel, Italy, Kenya, Singapore, South Africa, Sweden, the United Kingdom, and the United States, as well as in Canada. Professor Roach has served as research director for the Inquiry into Pediatric Forensic Pathology in Ontario (the Goudge Inquiry) and for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182. In both capacities, he edited multiple volumes of research studies. He served on the research advisory committee for the inquiry into the rendition of Maher Arar and the Ipperwash Inquiry into the killing of Dudley George. He was a special advisor to the Truth and Reconciliation Commission on Residential Schools. Professor Roach has represented Aboriginal and civil liberties groups in many interventions before the courts, including Gladue, Wells, Ipeelee, and Anderson on sentencing Aboriginal offenders; Latimer on mandatory minimum sentences; Stillman, Dunedin Construction, Downtown East Side Sex Workers, and Ward on Charter remedies; Golden on strip searches; Khawaja on the definition of terrorism; and Corbiere and Sauvé on voting rights. He is the faculty lead for the Asper Centre for Constitutional Rights.
Lorne Sossin, B.A., M.A., Ph.D., LL.B., LL.M., J.S.D. is a Professor at the Faculty of Law, University of Toronto, where he has been teaching since 2002. Prior to that, he was on the faculty of Osgoode Hall Law School. At the University of Toronto, he is a former Associate Dean (2004–2007) and is the inaugural Academic Director of the Centre for the Legal Profession. Professor Sossin’s areas of expertise include Civil Litigation, administrative law, the legal profession, and the legal process. He has written several books and numerous articles on these subjects, including Administrative Law in Context (co-edited with Colleen Flood) and Boundaries of Judicial Review: The Law of Justiciability in Canada. Professor Sossin is the recipient of several awards for teaching and scholarship, including the 2009 OCUFA Award for Excellence in Teaching.
Other titles by Colleen M.,. Flood
Other titles by Kent Roach
Canadian Justice, Indigenous Injustice
The Gerald Stanley and Colten Boushie Case
Criminal Law, 7/e
The Radicalization of Canadian Anti-Terrorism
Criminal Law, 6/e
Acting for Freedom
Fifty Years of Civil Liberties in Canada
The Charter of Rights and Freedoms, 5/e
Criminal Law 5/e
Forensic Investigations and Miscarriages of Justice
The Rhetoric Meets The Reality
The Charter of Rights and Freedoms
Criminal Law 4/e
Other titles by Lorne Sossin
Advancing Social Rights in Canada
Middle Income Access to Justice
Judicial Independence in Context
Parliamentary Democracy in Crisis
Dans l’intérêt public
Rapport et articles du groupe d’étude du Barreau du Haut-Canada sur la règle de droit et l’independance du barreau
In the Public Interest
The Report and Research Papers of the Law Society of Upper Canada's Task Force on the Rule of Law and the Independence of the Bar
Dilemmas of Solidarity
Rethinking Distribution in the Canadian Federation