Courting trouble: the Supreme Court's embrace of private health insurance: use and misuse of social science evidence by the Supreme Court--how should Canadian governments respond?
In a narrow and bitter 4–3 decision, the Supreme Court of Canada in the Chaoulli1 decision struck down Quebec laws prohibiting the sale of private health insurance on the basis that they violate Quebec’s Charter of Human Rights and Freedoms. Three of the four judges in the majority also found that the provisions, in light of wait times in the public sector, violate s. 7 of the Canadian Charter of Rights and Freedoms – which provides for a right to life, liberty and security of the person. But three other judges, in a blistering dissent, found that the insurance restrictions violated neither the Quebec nor the Canadian charters.