Weinreb on Chaoulli

Arthur Weinreb has a blistering editorial on the health care system of the Great White North in today’s Canada Free Press.
Supreme Court said what politicians won’t say

[…] In the decision of Chaoulli v. Quebec (Attorney General) that was handed down on Thursday by the Supreme Court of Canada, the court found that Quebec laws that prohibit the purchase of insurance to cover private medical treatment violated the Quebec Charter and the Canadian Charter of Rights and Freedoms.
The majority of the court found that waiting times in the public system violated the Quebec Charter of Rights. While it was not necessary to decide, three of the justices found that the Quebec law violates section 7 of the Canadian Charter of Rights that guarantees the right to life, liberty and security of the person. The court held that delays in the public health system led to prolonged pain and suffering, deteriorating medical conditions and in some cases, death. In coming to this conclusion in what will inevitably be to the dismay of those on the political left, the Supreme Court followed its 1998 decision in R. v. Morgentaler that held that delays encountered by women seeking abortions breached section 7 of the Canadian Charter of Rights and Freedoms.
The interesting aspect of the Chaoulli decision, and the one that most deviated from what politicians of all political parties have been spewing for years was the finding that this breach of a charter right was not reasonable. The court found that while the preservation of a publicly funded health care system was a substantive and legitimate government objective, the outright ban on private health care insurance had no rational connection to saving the public system and went further than was necessary to meet that objective. In the majority�s opinion, the government of Quebec failed to show that allowing Quebeckers to purchase insurance for private health care would destroy Canada�s public health care system. In reaching this conclusion the court examined other countries in the OECD such as Sweden and the U.K. that have strong public health care systems despite allowing private parallel health care services.
This finding is at odds with what the politicians have been saying for years; that not only will allowing private medical services destroy our health care system; it will destroy Canada as we know it. The entire fabric of our society will disappear. We are constantly being told that our health care system is what defines us as a country. Allow someone to actually pay for what is now a public service and we will be no different than the United States.
[…]
The Supreme Court of Canada was right � the public system as we know it will not end. But hopefully Chaoulli will mark the beginning of the end to all the political spin where the reality of the existence private medical care is denied. Perhaps it will also mark an end to this notion that it is better to allow people to suffer and die than it is to allow them to have access to private treatment.

Of course, allowing those with the means to escape the socialist system to do so creates inequality. There are a not insubstantial number of people who would indeed prefer that outcome.
crossposted to OTB

6 Replies to “Weinreb on Chaoulli”

  1. Canadian Supreme Court said What Politicians Won’t

    Arthur Weinreb has a blistering editorial on the health care system of the Great White North in today’s Canada Free Press.
    Supreme Court said what politicians won’t say
    […] In the decision of Chaoulli v. Quebec (Attorney General) tha…

  2. But the truth has been revealed in the Globe. On Friday Roy Romanow once again pointed out the evils of US health care, and in a letter today Maude Barlow proves its all a plot under NAFTA that will allow American insurance companies to ruin our fundamental and defining national value.
    On the other hand, see this statement Friday by Quebec Health Minister Couillard (thanks to Paul Wells):
    “It is false and tendentious to establish a link between private-sector participation in the health-care system and the degree of progressiveness of a society. How can you claim that societies like France, England or Sweden are less socially advanced than Quebec on the basis of private-sector participation in their health systems? It’s easy to see this makes no sense.
    The Scandinavian countries themselves have private participation in their health systems. As far as I know, nobody accuses them of being socially backward.”
    Minister Couillard’s remarks demonstrate again that Quebec is a different nation; maybe Premier Klein will also contine establishing Alberta’s national status by rejecting government-monopoly health care.
    Mark
    Ottawa

  3. I will say this again: Our Canadian Charter of Rights and Freedoms, was written BY LAWYERS and FOR LAWYERS- NO other reason! And if you think your rights under the charter have been infinged, why you can HIRE A LAWYER and take it to court.
    (Be prepared to spend lots of money on LEGAL FEES). Bah!

  4. Those that say that govt. funded health care defines Canada are very shallow, self centered people.Canada was defined at Vimy Ridge in the first world war as a people that cared for others with no thought of property or monetary gain.The U.S. did the same in that war.We have the last bastion of Soviet style health care and the supreme court said,”TEAR DOWN THAT WALL!” Maybe that Soviet influence that started with Douglas and was refined by Trudeau will finally start to come apart.

  5. Hear, Hear.. spike…
    And now, ladies and gentlemen, bring on that next election campaign. Wherein we learn that:
    Health Care is not the buggaboo Martin and the libranos said it was and we CAN stand two and even three tiered health care because that is the REALITY on the ground. Now the spinmeisters will have to play catch up. In the last election wasn’t it the mantra that this exact proposal by Harper and the Conservatives was one of the ‘scary’ things about voting Conservative?
    Now that the Supremes have sided with the Conservatives ( and every right thinking person in Canada, in or out of Quebec, in or out of a waiting line) what else will fall as being the silliest and most inane arguments that have won elections in the past.
    Now that the health care leg has been knocked out from under the libs, that makes three legs, doesn’t it? Even a one eyed, one legged fat man knows that if that last leg gets knocked over he’s ON THE GROUND. Out for the count.
    THAT is where the libs are headed and they know it. They are running in place and running scared. This ruling could not have come at a better time.
    Cannot wait for a few other ‘pillars’ of Canadian misunderstanding to fall.
    While these poor excuses for government spend our money like drunken sailors our folks who pay the way continue to go to work every day to make a paycheque. Continue to stand in line for the sacred cow of ‘Canadian Health Care, some of them dying in the process, continue to pay taxes like the good and honest citizens that they are.
    We deserve MUCH better than Martin , Chretien and all their ilk. All of those who would denigrate the Canadian taxpayer and disgrace themselves with socialistic policies that have lined their pockets and done the people of this country no damn good at all.
    Bring on Stephen Harper. Peter McKay. Jason Kenney. Rona Ambrose. The new political stars up and coming and soon to be government.
    Belinda will soon realize she zigged when she should have zagged.
    And she lost Peter in the process. And that can only be a GOOD thing.

  6. I wonder if this means I just might get the two knee replacements that I so desperately need, and in a timely manner.I have never been able to see the virtue in destroying my guts with pain killers just so I can stand up while Paul (the pig) Martin just goes to his private health care provider. I have been and will continue to be a thorn in Ralph Kleins side until he opens this province to private and public care. It is time to tell the Libranos to just shove it up their collective a—-! Whew that feels better!

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