The central objective of this study is to examine the policy, legal, and constitutional implications resulting from the Chaoulli v. Quebec (2005 1 S.C.R. 791) both for the rights of Canadians within the scope of the publicly funded healthcare system and the configuration of that system. In examining the policy implications the thesis focuses on Quebecs Bill 33, Ralph Kleins Third Way proposal, and the development of national wait time benchmarks. In examining the legal implications the thesis focuses on the so-called copy-cat cases triggered by the Chaoulli case, namely Flora v. Ontario, Murray v. Alberta, and McCreith and Holmes v. Ontario. In examining the constitutional implications of Chaoulli the thesis focuses on the expansion of the interpretation of Section 7 of the Charter of Rights and Freedoms, and the elevation of timely access to healthcare to a Charter right. <p>The study concludes with some observations regarding how Canadas publicly funded healthcare system could evolve in the future and the role of the courts in the evolution of the system. It provides a warning that if appropriate and timely action is not taken by federal and provincial officials to minimize wait times in the publicly funded healthcare system, the implications of Chaoulli will continue to expand through future litigation and judicial decisions. One of the potential outcomes of such litigation and decisions is development of a two-tier or multi-tier healthcare system in Canada.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:SSU.etd-06182008-003248 |
| Date | 19 June 2008 |
| Creators | Johnson, Bart Morley |
| Contributors | Michelmann, Hans J., Garcea, Joseph, Backman, Allen, Romanow, Roy |
| Publisher | University of Saskatchewan |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://library.usask.ca/theses/available/etd-06182008-003248/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University of Saskatchewan or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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