Due process - right to medical access - Supreme Court of Canada holds that ban on private health insurance violates Quebec Charter of Human Rights and Freedoms.

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[edit] Due process - right to medical access - Supreme Court of Canada holds that ban on private health insurance violates Quebec Charter of Human Rights and Freedoms.

[edit] Find Article Online

Due process - right to medical access - Supreme Court of Canada holds that ban on private health insurance violates Quebec Charter of Human Rights and Freedoms. (2005). Harvard Law Review, 119(2), 677-.


[edit] Context

This article touches upon an issue that had arise in Quebec, where it brought into question the issue of personal health insurance providers, this leading to a violation of Quebec’s Charter of Human Rights as it has stated that people have the right to their own personal safety as the health care currently provided by the Canadian government results in Canadians standing in long queues to get the medical treatment the need, this article talks about how this has shaken the foundation of the canadian health insurance and care system and how they wish to proceed from it, which directly relates to how health care can interfere with human rights in relations to considering them one and how it has breached that barrier.


[edit] Overview

Detailed in the article, the main issue was the banning of two instances of a person in Quebec wishing to go through a personal health insurance company in order to get the help they needed as the current system supported waiting in long queues to receive the help one might need. This article touches upon a multitude of questions that stem from if health insurance is a human right, then does that mean all people are restricted to only that one way, or can they seek an alternative as an act of freedom and self safety in this case. This article shows how this act has directly challenged the image of Canada’s universal health insurance, which most people around the world have considered a marvel, when in light of the current situation, it can be considered more of a shackle. By the end, the government of Canada has given more leeway and freedom to individual provinces to readjust their health insurance policies to better fit the democratic view of the people.


[edit] Strengths and Weaknesses

A major strength that I had taken account of when considering how sound the article was is the description it gave of then play by play events that had led to the eventual ruling from the government. The article had a sound way of describing the events in a way that would spark those kinds of questions in asking if Canada’s current health insurance policies should be more lenient in considering outside insurance companies and questions if the current system is constructed well for the people. The way the article details the different laws that were touched by this case and how this case has pretty much punched a proverbial hole in Canada’s good image of free healthcare is a good way for the reader to understand how this topic effects not only the people involved but how it could potentially affect the rights to health care for ourselves as well. Though it being detailed is a definite asset and boon to the article, it can also be its unintended weakness as well. The article, specifically when it talks about the three justices that this case touched upon, had reiterated points that were mentioned in the paragraphs above. Granted it was not word by word, but it subtly brought up points already made, making the article bulky and even potentially needlessly long. Though it is a topic that does take some explanation, especially the legal aspects of it, I personally felty that some of it could have been left out to make it more clear to the reader.


[edit] Assessment

In conclusion, I do feel that this article does hammer what it means for health insurance to be a human right, and how this could potentially have unintended limitations and act as more of a restriction than a right. This article does help with creating those questions of whether or not health insurance as a right is sound in execution other than concept, which would be good for an audience wishing to expand on this topic, as it is one that affects all Canadians in a way.


fm20pm 22:10, 01 December 2023 (EDT)

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