Top Five 2005: Chaoulli v Quebec

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Chaoulli v Quebec, [2005] 1 SCR 791, 2005 SCC 35

Does a prohibition against privately funded healthcare violate the Charter of Rights and Freedoms if the public health care system is not adequately treating citizens?  The Supreme Court of Canada was asked to determine that given excessive waitlists, a prohibition against private health care violated a Quebec native’s right to security of the person under s.7 of the Charter.  A divided Supreme Court investigated whether a prohibition on private health insurance is connected to the maintenance of a quality public health care system. The full decision is available here.

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Top Five 2005: Chaoulli v Quebec