Jacques Chaoulli, MD
"At this private clinic, even
a dead man had to wait."
Medicare is increasingly under attack by social and economic elites. An unprecedented threat is The Chaoulli case that will be heard by the Supreme Court of Canada on June 8, 2004, alleging Medicare is unconstitutional. Joining the case to ask the Supreme Court to open the door to a full-fledged private health insurance system in Canada is a group of 10 senators, led by Senator Michael Kirby and a group of for-profit health corporations. The plaintiffs in the case are Jacques Chaoulli, a doctor, and George Zeliotis. They alleged that the lack of timely access to provincially insured health care services, coupled with legislative restrictions on access to private care, amounted to a violation of section 7 of the Charter. This argument was rejected in two lower courts in Quebec. If the Supreme Court grants the appeal, it will find the legislation governing Québec's public health insurance and hospital system to be unconstitutional. A Supreme Court decision of this nature would apply to all jurisdictions in Canada. Some jurisdictions, including Alberta, B.C., Ontario & Québec, are currently exploring options to establish a second tier of for-profit health care. Once the door is open, and a legislature invites in private for-profit and foreign investors in health care, the reservations and protection in the international trade agreements would be null and void. This would sound the death knell for Medicare. The Chaoulli Case: Resources and Commentary (University of Toronto, Faculty of Law / July 2005) RESPONSE OF THE INTERVENER The Charter Committee on Poverty Issues and Canadian Health Coalition | Press Release Filed: July 11, 2005 Transcript of the Argument of the interveners, the Charter Committee on Poverty Issues and the Canadian Health Coalition, as presented by Miss Martha Jackman, Faculty of Law, University of Ottawa, and Visitor, Faculty of Law, University of Victoria (June 8, 2004) Full Trancsript of all arguments as presented by all the interveners in the Chaoulli case (June 8, 2004) MISDIAGNOSIS OR CURE ? Charter Review of the Health Care System 
Concerned Canadian citizens arrive at the Supreme Court on a double-decker bus to symbolize the threat of two-tier health care posed by the Chaoulli case (Press Release & More: June 8, 2004) Keep Senator out of health suit, critic says CFNU letter to Prime Minister Paul Martin and Liberal Members of Parliament and Senators Prime Minister responds | Kirby responds On whose behalf is Senator Kirby speaking? Download the Canadian Health Coalition action alert FACTUMS arguing against Chaoulli's claim: Charter Committee on Poverty Issues and the Canadian Health Coalition Canadian Labour Congress Attorney General of Canada (Part I.) Attorney General of Canada (Part II.) Attorney General of Québec FACTUMS supporting Chaoulli's claim: Cambie Surgeries Corporation and the False Creek Surgical Centre Inc. SPEAKING NOTES Members of the Standing Senate Committee on Social Affairs, Science and Technology (The Kirby Committee) Canadian Medical Associaion and the Canadian Orthopaedic Association Click here for more information on the controversial Kirby Senate Committee  Public funds are for patients, not profits! |