Headlines regarding Today's Supreme Court Ruling

[bcholmes]

Major Canadian News Agencies:

• Public health system's delays unconstitutional: top court -- Globe and Mail
• Martin vows strong, universal health-care -- Globe and Mail
• Cross-country reaction to court decision -- National Post
• Supreme Court strikes down Quebec law -- National Post
• Top court strikes down Quebec private health-care law -- CBC
• Court ruling on health care called 'historic' -- CBC
• Top court delivers blow to medicare -- The Star
• 'End of medicare as we know it' -- Toronto Sun
• Provinces respond to SCOC striking down Quebec private health insurance law -- Macleans

US:

• In Blow to Canada's Health System, Quebec Law Is Voided -- New York Times
• Canadian Court Chips Away at National Health Care -- New York Times
• Canada: High court strikes down private health insurance law -- Minneapolis Star Tribune
• Quebec Private Health Insurance Ban Nixed -- ABC News
• Canada opens door to more private health care -- San Diego Union Tribune

UK:

• Canadian court rules on private health insurance -- Financial Times

Supreme Court legalese:

Over the years, Z experienced a number of health problems that prompted him to speak out against waiting times in Quebec's public health care system. C is a physician who has tried unsuccessfully to have his home‑delivered medical activities recognized and to obtain a licence to operate an independent private hospital. By means of a motion for a declaratory judgment, the appellants, Z and C, contested the validity of the prohibition on private health insurance provided for in s. 15 of the Health Insurance Act ("HEIA") and s. 11 of the Hospital Insurance Act ("HOIA"). They contended that the prohibition deprives them of access to health care services that do not come with the waiting times inherent in the public system. They claimed, inter alia, that s. 15 HEIA and s. 11 HOIA violate their rights under s. 7 of the Canadian Charter of Rights and Freedoms and s. 1 of the Quebec Charter of human rights and freedoms. The Superior Court dismissed the motion for a declaratory judgment. In the court's view, even though the appellants had demonstrated a deprivation of the rights to life, liberty and security of the person guaranteed by s. 7 of the Canadian Charter, this deprivation was in accordance with the principles of fundamental justice. The Court of Appeal affirmed that decision.

Held (Binnie, LeBel and Fish JJ. dissenting): The appeal should be allowed. Section 15 HEIA and s. 11 HOIA are inconsistent with the Quebec Charter.

Comments

[kat-chan.livejournal.com]

I'm not sure what to think of this. I'm pretty sure that Steven Harper did a nice little happy dance in his office. I mean, I don't like the idea of people being in unnecessary pain. On the other hand, allowing private insurance would seem to lead to hospitals favouring patients with the private insurance, and then you eventually end up with the mess of a system we have here in the US, and our system is probably the single biggest drag on our economy right now. And it's not like you'd be waiting a month or two for a surgery that is potentially life-saving, like a bypass or anything like that. With a little bit of pain management, you should be able to get by through the waiting period for a hip replacement, I would think. It wouldn't be great, but sometimes you need to sacrifice some individual comfort for the greater good, non?