Chaoulli v Quebec (AG)
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
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Chaoulli v Quebec (AG) [2005] 1 S.C.R. 791, 2005 SCC 35, was a decision by the Supreme Court of Canada of which the Court ruled that the Quebec Health Insurance Act and the Hospital Insurance Act prohibiting private medical insurance in the face of long wait times, up to 9 months, violated the Quebec Charter of Human Rights and Freedoms. In a 4 to 3 decision, the Court found the Acts violated Quebecers' right to life and security of person under the Quebec Charter. The ruling is binding only in Quebec. Three of the seven judges also found that the laws violated section seven of the Canadian Charter of Rights and Freedoms. One judge did not rule on the Canadian Charter. The result was a 3–3 tie on the question of the Canadian Charter, so Chaoulli decision does not apply to any other province.
Chaoulli v Quebec (AG) | |
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Hearing: June 8, 2004 Judgment: June 9, 2005 | |
Full case name | Jacques Chaoulli and George Zeliotis v. Attorney General of Quebec and Attorney General of Canada |
Citations | 2005 SCC 35 |
Prior history | Judgment for the Attorneys General in the Quebec Court of Appeal. |
Ruling | Chaoulli appeal allowed |
Holding | |
Section 15 of the Health Insurance Act and section 11 of the Hospital Insurance Act, which outlaw private medical insurance, violate the right to personal inviolability as guaranteed by the Quebec Charter of Human Rights and Freedoms | |
Court membership | |
Chief Justice: Beverley McLachlin Puisne Justices: John C. Major, Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron | |
Reasons given | |
Majority | Deschamps J. |
Concurrence | McLachlin C.J. and Major J., joined by Bastarache J. |
Dissent | Binnie and LeBel JJ., joined by Fish J. |