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Access to Care, Access to Justice : The Legal Debate over Private Health Insurance in Canada.

Flood, Colleen M.

Access to Care, Access to Justice : The Legal Debate over Private Health Insurance in Canada. - 1st ed. - 1 online resource (650 pages)

Intro -- Contents -- Preface -- Acknowledgments -- List of Contributors -- Introduction -- What Did the Court Decide in Chaoulli? -- 'Chaoulli: The Political versus the Legal Life of a Judicial Decision' -- 'The Chaoulli Decision: Less than Meets the Eye - or More?' -- 'Chaoulli and Quebec's Charter of Human Rights and Freedoms: The Ambiguities of Distinctness' -- 'Charter Perspectives on Chaoulli - The Body and the Body Politic' -- Chaoulli and the Proper Role of the Courts in a Democracy -- 'Worse than Lochner?' -- 'Condition Critical: The Constitution and Health Care' -- 'Wealthcare: The Politics of the Charter Re-visited' -- 'Déjà vu All Over Again: Chaoulli and the Limits of Judicial Policy-making' -- Chaoulli and Prospects for Increased Access to Justice and Care -- 'Towards a Two-Tier Constitution? The Poverty of Health Rights' -- 'The Courts and Medicare: Too Much or Too Little Judicial Activism?' -- Evidence in the Chaoulli Case -- 'Implications of Chaoulli for Fact Finding in Constitutional Cases' -- 'Experts and Evidence: New Challenges in Knowledge Translation' -- 'Different Interpretations of 'Evidence' and Implications for the Canadian Healthcare System -- Comparative Evidence About Private Health Insurance -- 'How to defend a public health care system: lessons from abroad' -- 'Blending Private and Social Health Insurance in the Netherlands: Challenges Posed by the EU' -- 'The Role of Private Health Insurance in Social Health Insurance Countries - Implications for Canada' -- 'Finding Health Policy 'Arbitrary': The Evidence on Waiting, Dying, and Two-Tier Systems' -- The Implications of Private Insurance -- 'The CMA's Chaoulli Motion and the Myth of Promoting Fair Access to Health Care' -- 'Preserving Privilege, Promoting Profit: The Payoffs from Private Health Insurance'. 'Opening Medicare to Our Neighbours or Closing the Door on a Public System? International Trade Law Implications of Chaoulli v. Quebec' -- Possible Governmental Responses to Chaoulli -- 'Promises, Promise - Setting Boundaries Between Public and Private' -- 'Politics and Paradoxes: Chaoulli and the Alberta Reaction' -- 'Private Insurance for Medicare: Policy History and Trajectory in the Four Western Provinces' -- ' A Just Measure of Patience: Managing access to cancer services after Chaoulli' -- 'Section 7 "Safety Valves": Appealing Wait Times Within a One-Tier System' -- Chaoulli and the Future of Medicare -- 'Arbitrariness, Randomness and the Principles of Fundamental Justice' -- 'In Search of a Mandate?' -- Appendix A: The Quebec Superior Court Decision -- Appendix B: The Quebec Court of Appeal Decision -- Appendix C: The Supreme Court of Canada Decision.

Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.

9781442670587


Health insurance-Law and legislation-Canada.
National health insurance-Law and legislation-Canada.
Medical care-Law and legislation-Canada.
Medical policy-Canada.


Electronic books.

KE3404 .A83 2005

344.71022

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