fundamental freedoms in charter
- conscience and relition
thought, belief, opinion and expression, freedom of press - assembly
peaceful association
s7
life, liberty, and security of the person
application of charter rights
- only applies to government action
- may apply in favour of corporations
- covers most
limitations on charter rights
- subject to reasonable limitations
- subject to notwithstanding clause
two stage analysis
- prove rights breached
- if yes was the breach reasonable and demonstrably justified
oaks test
determine if charter infringement justified
1. sufficiently important objective
2. rational connection - rational connected to objective
3. least drastic means - law must impair the right no more than necessary
4. proportionate effect - must not have a disproportionately severe effect on complainant
why don’t more physicians opt out
not profitable, no market for it
implications of Chaulli
- widely criticized by policy and health care scholars
- number of physicians opted out
- ruling only applies in Quebec - violation of Quebec charter
what was Dr Days argument
- challenge prohibition on private billing by enrolled physicians
Justice Steeves ruling in cambie case
- case preserved BC’s limits on private finance
privatiztation and corporatization
- corporate buyouts of primary care clinics
- commercial virtual care services
- publicly funded surgeries/diagnostic procedures in for profit facilities
- reliance on agency nurses
- nurse practitioner led clinics
findings of commercial virtual care services
- spread data
- poor continuity
- inequitable access and concerns around quality of care
- risk of pulling physicians from elsewhere in the healthcare system
t or f prohibitions on patients paying out of pocket for services covered under provincial insurance was a challenge in Cambie Surgeries challenge
false
