The Chaoulli Case: a two-tier Magna Carta?

Abstract

There has been considerable speculation about the potential impact of the Supreme Court of Canada's judgment in Chaoulli v. Quebec. Even if those who are most friendly--or most hostile--to Canadian medicare are exaggerating the impact of the decision, its impact will be large. While the decision does not strike down any existing single-payer medicare system in any province, including Quebec's single-payer system, it is certainly capable of becoming the Magna Carta for two-tier medicare through future judicial interpretation and extension. In any event, it has already become the battering ram of choice for medicare's most tenacious opponents.