POLI 324 Lecture Notes - Lecture 7: Canada Health Act, Henry Morgentaler, Conscience Vote
3 Dec 2018
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Unit 7: legal rights: health care and the charter. While gov"ts have the power to decide what measure to adopt, it cannot chose to do nothing in the face of violation of qc"s right to security. Ban private medical insurance and whether delays in public insurance violates s. 7. Majority decision only found on the qc charter and issue of prohibiting private med insurance. Deschamps rejects deferential approach to reasonable limits under qc charter. Quebec devised a list of services that can be accessible through private insurance if the public health service cannot provide in a reasonable time frame. No general approach to waiting times, but a narrow approach to specific services. The qc gov"t must pay for a list of things is they do not occur within 6 months. In defiance of the criminal code b/c his institutional was not legal. Was able to establish in qc b/c qc doesn"t apply s. 251.
