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The Chaoulli Case: Resources and Commentary
This material is being updated on a regular basis. Please check back from time to time for additional resources and translations.
We are grateful to the Canadian Medical Association and to Borden Ladner Gervais LLP for their generous support in the preparation of these resource materials.
All files are in PDF format unless otherwise stated.
Decisions
Related Reports
Related Studies
Cited in the Chaoulli decision:
Others
- Carolyn Hughes Tuohy, PhD, Colleen M. Flood, SJD, and Mark Stabile, PhD, "How Does Private Finance Affect Public Health Care Systems? Marshalling the Evidence from OECD Nations"
- Colleen M. Flood, Tom Archibald, "The illegality of private health care in
Canada"
- Colleen Flood and Sujit Choudhry, submission to the Commission on the Future of Health Care in Canada: "Strengthening the Foundations: Modernizing the Canada Health Act"
- Martha Jackman submission to Romanow Commission: The Implications of Section 7 of the Charter for health care spending in Canada
- Donna Greschner: Romanow Commission Discussion Paper No. 20: How Will the Charter of Rights and Freedoms and Evolving Jurisprudence Affect Health Care Costs?
- Roach, Kent. "Dialogic Judicial Review and its Critics" (2004), 23 Sup. Ct. L.R. (2d) 49.
- Manfredi, Christopher P., and Maioni, Antonia, "Courts and Health Policy: Judicial Policy Making and Publicly Funded Health Care in Canada" (2002), 27 Journal of Health Politics, Policy and Law. 213
- Marmor, Ted. Expert Witness Report for the Government of Canada (1998)
- Alicia O’Cathain, Jackie Goode, Donna Luff, Tim Strangleman, Gerard Hanlon and David Greatbatch. Does NHS Direct empower patients? Social Science & Medicine, Volume 61, Issue 8, October 2005, 1761-1771.
- "Waiting Lists in Canada and the Potential Effects of Private Access to Health Care Services," Report prepared for the Department of Justice, Canada by Charles J. Wright, Director, Clinical Epidemiology & Evaluation Vancouver Hospital & Health Sciences Centre
- When the Charter Trumps Health Care — A Collision of Canadian Icons, by Antonia Maioni and Christopher Manfredi. Policy Options, September 2005
Commentary
- Colleen M. Flood and Terrence Sullivan, Supreme disagreement: The highest court affirms an empty right
- Roy Romanow, Now's the Time to Stand Up for Medicare
- Steven Lewis, Medicare's Fate: Are We Fiddlers or Firefighters?
- François Béland, The Supreme Court Missed a Good Opportunity
- D. Martin Low, Q.C., Lydia Wakulowsky and Geoff Moysa, Failing on the Fundamentals: The Chaoulli Decision
- Gregory P. Marchildon, The Chaoulli Case: Two-Tier Magna Carta?
- Peter J. Carver, Comment on Chaoulli v. Quebec
- The Patient's Perspective: Angry Notes from a Canadian Living in America
- Mindelle Jacobs, Private insurance won't help the sick (Edmonton Sun)
- Raisa Deber, Letter to the Editor, Globe and Mail (PDF)
- Ted Marmor, An American in Canada — Making Sense of the Supreme Court Decision on Health Care (Policy Options, September 2005)
- Paul Krugman, Toyota, Moving Northward (New York Times - free registration required)
From the Canadian Medical Association Journal
Coverage
Facta
We are currently working on translating the French facta into English.
Other Material
Book: Access to Care, Access to Justice
- Find out more about Access to Care, Access to Justice: The Legal Debate over Private Health Insurance in Canada, edited by Colleen M. Flood, Kent Roach, and Lorne Sossin, on the book's University of Toronto Press web page.
- Read a review of the book in Health Affairs (PDF).
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