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Accountability in Health Care and Legal Approaches
Timothy A. Caulfield
Nola M. Ries
Canadian Policy Research Networks. Health Network
出版
Canadian Policy Research Networks
, 2004
URL
http://books.google.com.hk/books?id=9MWBNQEACAAJ&hl=&source=gbs_api
註釋
It was identified as a priority issue in a national consultation on research priorities in 2001, it was highlighted in all the major health system reviews prepared for the provinces and the federal government from 2001 to 2003, and citizens themselves issued a strong challenge in the Citizens' Dialogue on the Future of Health Care prepared for the Romanow Commission in 2002. [...] The claimants argued that without publicly 5 Section 7 states: "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with principles of fundamental justice." 6 Section 15(1) states: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discriminat [...] In a unanimous decision, the Supreme Court of Canada agreed with the claimants and held the government's failure to fund sign language interpreters, when necessary for effective communication in the health care context, violated the claimants' rights to equality under the Charter. [...] On appeal, the government argued further that a decision in favour of the petitioners will impel the necessarily complex administrative choices required to be made in the course of balancing the myriad and competing demands for health care, into the courts for decision on the allocation of scarce resources on a case by case basis, rather than on a comprehensive and systematic basis.27 This stateme [...] The Court emphasized that "[d]eprivation by means of a criminal sanction of access to medication reasonably required for the treatment of a medical condition that threatens life or health also constitutes a deprivation of security of the person."46 A case that is currently before the Supreme Court of Canada involves a Charter challenge to government restrictions on private health care.