Factum of the Intervener: Counsel for the Charter Committee on Poverty Issues and the Canadian Health Coalition in Chaoulli v. Quubec (Procureur GGnnral)

Abstract

The Interveners submit that section 7 of the Charter (the right to life, liberty and security of the person) guarantees a right to health, including access to health care based on need rather than ability to pay. The Interveners submit that the impugned provisions do not infringe, but rather are a positive measure mandated by section 7. The impugned provisions prevent the development of a two-tiered system that would have a discriminatory effect on the ability of poor people, women, seniors and people with disabilities to access health care. Canada's international human rights obligations, in particular Article 3 of the Universal Declaration and Article 12(1) of the ICESCR, prescribe an interpretation of section 7 and 15 of the Charter that recognizes the right to access health care. In cases where the publicly funded health care system violates a Charter right to health, the appropriate remedy is to order governments to take required measures to respect, protect and fulfill the right to health for all members of Canadian society. It is not to grant the economically advantaged a constitutional right to pay for services effectively denied to the poor.