Health Care and the Charter

About this book

"Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, individuals and organizations have increasingly turned to the courts to try to bring about policy change in a variety of areas, including health care. But although the outcomes of Supreme Court cases on health care issues are closely watched, can they effect actual change in policy? Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the ultimate 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. Two of the cases - Eldridge (1997) and Auton (2004) - invited the Court to extend the scope of publicly funded services. By contrast, Chaouilli (2005) asked the Court to allow private health services. Eldridge and Chaoulli provided legal victories to rights claimants; Auton dealt a legal defeat to its initiators. This book explores the paths that brought litigants to the Court, the arguments and evidence they mustered to support their positions, and the substance of the victory or defeat the Court provided them. The volume then assesses the ultimate impact of these cases in both policy and political terms."--