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Chaoulli V. Quebec (Attorney General)
''Chaoulli v Quebec (AG)'' 0051 S.C.R. 791, , 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. Background Having suffered in the past from numerous health problems including a hip replacement, 73-year-old salesman George Zeliotis became an advocate for reducing waiting times for p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Health Care
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health. The Human Rights Measurement Initiative measures the right to health for countries around the world, based on their level of income. Definition Constitution of the World Health Organization (1946) The preamble of the 1946 World Health Organization (WHO) Constitution defines health broadly as "a state of complete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prince Edward Island
Prince Edward Island (PEI; ) is one of the thirteen Provinces and territories of Canada, provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", "Birthplace of Confederation" and "Cradle of Confederation". Its capital and largest city is Charlottetown. It is one of the three Maritime provinces and one of the four Atlantic provinces. Part of the traditional lands of the Miꞌkmaq, it was colonized by the French in 1604 as part of the colony of Acadia. The island was ceded to the British at the conclusion of the French and Indian War in 1763 and became part of the colony of Nova Scotia, and in 1769 the island became its own British colony. Prince Edward Island hosted the Charlottetown Conference in 1864 to discuss a Maritime Union, union of the Maritime provinces; however, the conference became the first in a series of meetings which led to Canadi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Territories (NWT) to the north, and the U.S. state of Montana to the south. It is one of the only two landlocked provinces in Canada (Saskatchewan being the other). The eastern part of the province is occupied by the Great Plains, while the western part borders the Rocky Mountains. The province has a predominantly continental climate but experiences quick temperature changes due to air aridity. Seasonal temperature swings are less pronounced in western Alberta due to occasional Chinook winds. Alberta is the fourth largest province by area at , and the fourth most populous, being home to 4,262,635 people. Alberta's capital is Edmonton, while Calgary is its largest city. The two are Alberta's largest census metropolitan areas. More tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains, and borders the province of Alberta to the east and the Yukon and Northwest Territories to the north. With an estimated population of 5.3million as of 2022, it is Canada's third-most populous province. The capital of British Columbia is Victoria and its largest city is Vancouver. Vancouver is the third-largest metropolitan area in Canada; the 2021 census recorded 2.6million people in Metro Vancouver. The first known human inhabitants of the area settled in British Columbia at least 10,000 years ago. Such groups include the Coast Salish, Tsilhqotʼin, and Haida peoples, among many others. One of the earliest British settlements in the area was Fort Victoria, established ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manitoba
Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population of 1,342,153 as of 2021, of widely varied landscape, from arctic tundra and the Hudson Bay coastline in the Northern Region, Manitoba, north to dense Boreal forest of Canada, boreal forest, large freshwater List of lakes of Manitoba, lakes, and prairie grassland in the central and Southern Manitoba, southern regions. Indigenous peoples in Canada, Indigenous peoples have inhabited what is now Manitoba for thousands of years. In the early 17th century, British and French North American fur trade, fur traders began arriving in the area and establishing settlements. The Kingdom of England secured control of the region in 1673 and created a territory named Rupert's Land, which was placed under the administration of the Hudson's Bay Company. Rupe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United States f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medicare (Canada)
Medicare (french: assurance-maladie) is an unofficial designation used to refer to the publicly funded single-payer healthcare system of Canada. Canada's health care system consists of 13 provincial and territorial health insurance plans, which provide universal healthcare coverage to Canadian citizens, permanent residents, and depending on the province or territory, certain temporary residents. The systems are individually administered on a provincial or territorial basis, within guidelines set by the federal government. The formal terminology for the insurance system is provided by the ''Canada Health Act'' and the health insurance legislation of the individual provinces and territories. The name is a contraction of ''medical'' and ''care'' and has been used in the United States for health care programs since at least 1953, with Medicare becoming that nation's official national health insurance program in 1965. Under the terms of the Canada Health Act, all "insured persons" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lochner Era
The ''Lochner'' era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, ''Lochner v. New York''. The beginning of the era is usually marked earlier, with the Court's decision in ''Allgeyer v. Louisiana'' (1897), and its end marked forty years later in the case of ''West Coast Hotel Co. v. Parrish'' (1937), which overturned an earlier ''Lochner''-era decision. The Supreme Court during the ''Lochner'' era has been described as "play nga judicially activist but politically conservative role". The Court sometimes invali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Fourteen Of The Canadian Charter Of Rights And Freedoms
Section 14 of the ''Canadian Charter of Rights and Freedoms'' is the last section under the "Legal rights" heading in the ''Charter''. It provides anyone in a court the right to an interpreter if the person does not speak the language being used or is deaf. Text The section states: Before the ''Charter'' was enacted in 1982, the right to an interpreter in a trial existed under the common law, because it was believed to be necessary for natural justice. The right was incorporated into the '' Canadian Bill of Rights'' in 1960. Section 2(g) of this Act read that a person has a right to "the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted." Unlike the ''Charter'', the ''Bill of Rights'' was a statute and not part of the Constitution of Canada. The ''Bill of Rights'' also did n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Eight Of The Canadian Charter Of Rights And Freedoms
Section 8 of the ''Canadian Charter of Rights and Freedoms'' protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance. Under the heading of legal rights, section 8 states: Any property found or seized by means of a violation of section 8 can be excluded as evidence in a trial under section 24(2). Reasonable expectation of privacy Section 8 does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have. Examples The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of Fundamental Justice
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per '' R v Malmo-Levine''. These principles may stipulate basic procedural rights afforded to anyone facing an adjudicative process or procedure that affects fundamental rights and freedoms, and certain substantive standards related to the rule of law that regulate the actions of the state (e.g., the rule against unclear or vague laws). The degree of protection dictated by these standards and procedural rights vary in accordance with the precise context, involving a contextual analysis of the affected person's interests. In other words, the more a person's rights or interests are adversely affected, the more procedural or substantive protections must be afforded to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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