Supreme Court Ruling Thursday

Qualicum Beach, B.C., Friday, June 10, 2005, by : A. Brian Peckford

Questions regarding the Supreme Court Ruling on Thursday regarding Heath Care

Is there now the real likelihood that Quebec will have one form of health care and the other Provinces and territorties a different form of health care? If the answer to number 1 is yes, what does this say about the Canada Health Act? Is it possible for other Provinces and Territories to adopt in their jurisdictions a Charter of Rights that mirrors Quebec's and therefore pursue public and private health care simultaneously given that timely medical services are unavailable in these other jurisdictions like is happening in Quebec? Why is this court which is so activist on many public policy matters in the last several years suddenly ' split' ( made possible I understand by one judge saying nothing) on whether the Canadian Charter of Rights and Freedoms have been violated in the Quebec case before them? If in fact Canadians have bought the idea of an activist Supreme Court of Canada, which I personally lament but from all evidence is the case, and that the Court has followed this activist route, is there not therefore an obligation on the Court to show leadership and clarity rather than the confusing, muddled, every one can read into it what one wants approach that this decision obviously displays? When are we going to face up to the fact that our system is broken and new and innovative approaches are needed rather than just more money being thrown at the existing system?

Honorable A. Brian Peckford

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