Les suites de l'arrêt Chaoulli et les engagements internationaux du Canada en matière de protection des droits fondamentaux
Date de publication2007-2008
Abstract : In the now renown Chaouilli case, the Supreme Court of Canada reached the conclusion that certain impediments to the development of private health care under Quebec law were contrary to the Quebec Charter of Human Rights and Freedoms. These limitations were held to constitute a violation of the rights to life and to personal security, in a manner which could not be considered reasonable in a free and democratic society. That being said, what would the answer be if the same question were to be raised with respect to human rights protection treaties to which Canada and Quebec are signatories, whether within the framework of the United Nations or within an InterAmerican system? Based on a review of these treaties and of related jurisprudence, the writer submits it is plausible that the outcome would be identical to the one reached in the Chaouilli case. Moreover, it is believed that this conclusion could not only apply with respect to the same limitations raised before the Supreme Court, but also to certain new measures adopted by the Quebec National Assembly in reaction to the Chaouilli ruling.
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