Health Care and the Charter

Legal Mobilization and Policy Change in Canada

By Christopher P. Manfredi & Antonia Maioni
Categories: Law & Legal Studies, Health, Social Work & Psychology, Health & Medicine, Law & Society
Series: Law and Society
Publisher: UBC Press
Hardcover : 9780774835534, 180 pages, January 2018
Paperback : 9780774835541, 180 pages, July 2018
Ebook (PDF) : 9780774835558, 180 pages, January 2018
Ebook (EPUB) : 9780774835565, 180 pages, January 2018
Ebook (MobiPocket) : 9780774835572, 180 pages, January 2018

Table of contents

Introduction

The Supreme Court and Health Policy: An Overview

Eldridge v British Columbia: Effective Communication and the Sounds of Silence

Auton v British Columbia: Reversal of Fortune

Chaoulli v Quebec: The Last Line of Defence for Citizens

Conclusion

Notes; Bibliography; Cases Cited; Index

An engaging study of the clash between two iconic Canadian policy instruments – universal, single-payer health care and the Canadian Charter of Rights and Freedoms – and the effects on politics and policy.

Description

Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments that supported their positions, and the substance of the victory or defeat the Court provided.