Author: amds

What is In and Out of Medicare? Who Decides?

“What is In and Out of Medicare? Who Decides?” (with Mark Stabile and Carolyn Tuohy) in Just Medicare (Toronto: University of Toronto Press, 2006). PR. 27 pages “The most important issue facing Canadian health care today is access to services. But who decides what services will be publicly funded, and how? The essays in Just Medicare explore the diverse means by which law influences what should and should not be...

Access to Justice, Access to Care: The Legal Debate over Private Health Insurance

Historically, the Supreme Court of Canada has avoided direct intervention in health care policy-making. This posture changed dramatically with the release of the Chaoulli decision in June 2005. In a narrow four-to-three decision, the Supreme Court struck down Quebec laws prohibiting the sale of private health insurance on the basis that they violate Quebec’s Charter of Human Rights and Freedoms. Three of the four judges in the majority also found...

You can appeal long wait times

Colleen M. Flood and Greg Hinds, “You can appeal long wait times” (2005) Toronto Star. The recent Supreme Court decision involving a Quebec patient’s right to seek private care has sparked debate on the role of the private sector in medicare. But an important aspect of that decision has been overlooked, namely the ability of Canadians to appeal long wait times or a decision not to fund a new treatment.