July 2005
By Barb Biley

Health Care, the Supreme Court and a Modern Conception of Rights

On June 8 the Supreme Court ruled on the Chaoulli case.  The court ruled, in a 4-3 decision, that private health care insurance and private healthcare are constitutional.  The ruling gives a constitutional stamp to the destruction of public health care in Canada and to the takeover of the health care "industry" by US monopolies. It is a giant step down the road to annexation of Canada into a United States of North American Monopolies.

The Chaoulli case was an appeal of a decision of the Quebec Court of Appeal upholding the decision of the Quebec Superior Court on a case brought by Dr. Jacques Chaoulli and George Zeliotis. Mr. Zeliotis is a patient who had expereienced waiting lists for surgery. Dr. Chaoulli was described in the Court decision as "a physician who has tried unsuccessfully to have his home-delivered medical activities recognized and to obtain a licence to operate an independent private hospital". These two individuals joined forces to challenge the Quebec law prohibiting private health insurance. The Quebec Superior Court did not agree and the Quebec Court of Appeal upheld the decision of the Superior Court. Chaoulli and Zeliotis then took their case to the Supreme Court of Canada, arguing that the decisions of the Quebec Courts constituted a violation of Section 7 of the Canadian Charter of Rights and Freedoms. Section 7 states that "everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."

The popular short-hand for the issue at stake was that waiting lists in the public health care system constitute a violation of the rights of patients. Counsel for one of the appellants in the original trial made the aim of his client clear:  "I am arguing for the right of more affluent people to have access to parallel health services". Interveners accepted by the Supreme Court included 14 private clinics operating in BC. On June 22, just two weeks after the Supreme Court decision, Dr. Chaoulli was in Washington speaking to "think tanks" and appealing for partners. The Globe and Mail of June 23 quotes him as saying "I would like to make a team with American entrepreneurs and go to Canada and create a private, parallel health-care system."

(read more here...)