Jump to content
The Official Site of the Vancouver Canucks
Canucks Community

Canadians Fighting Against Hospital Parking Fees.


TOMapleLaughs

Recommended Posts

Our healthcare is anything but free.

http://www.theglobea...article4230286/

Although some legal commentators have argued that there should be a recognized right to health care, as it stands currently there is no such constitutional right although there seems to be a mistaken public perception that there is such a constitutional right

Professor Michael Mandel (Osgoode Hall law school) has argued that there are several rights that should be included in the Charter, such as a right to health care and a basic right to free education.

Any enforceable legal rights would have to be found within the Canada Health Act and I am not convinced that.a court would agree with that interpretation. And even if a court were to do so, the act can be amended.

As the 2002 Standing Senate Committee on Social Affairs, Science and Technology report titled "The Health of Canadians – The Federal Role - Final Report" notes:

To begin, it is important to distinguish between a legal right to health care and the public perception of the existence of that right. In Volume Four, the Committee noted the existence of public opinion polls that reveal that Canadians, encouraged by politicians and the media, believe they have a constitutional right to receive health care even though no such right is explicitly contained in the Charter. Nor does any other Canadian law specifically confer that right, although government programs exist to provide publicly funded health services.
Link to comment
Share on other sites

There are plenty of ways to arrange transport to a hospital.

If you're well enough to drive yourself there, you're well enough to find a spot in the neighbourhood.

If you're not, you won't balk at paying a couple of bucks if you cannot find anyone to drive you.

Link to comment
Share on other sites

Our healthcare is anything but free.

http://www.theglobea...article4230286/

Although some legal commentators have argued that there should be a recognized right to health care, as it stands currently there is no such constitutional right although there seems to be a mistaken public perception that there is such a constitutional right

Professor Michael Mandel (Osgoode Hall law school) has argued that there are several rights that should be included in the Charter, such as a right to health care and a basic right to free education.

Any enforceable legal rights would have to be found within the Canada Health Act and I am not convinced that.a court would agree with that interpretation. And even if a court were to do so, the act can be amended.

As the 2002 Standing Senate Committee on Social Affairs, Science and Technology report titled "The Health of Canadians – The Federal Role - Final Report" notes:

To begin, it is important to distinguish between a legal right to health care and the public perception of the existence of that right. In Volume Four, the Committee noted the existence of public opinion polls that reveal that Canadians, encouraged by politicians and the media, believe they have a constitutional right to receive health care even though no such right is explicitly contained in the Charter. Nor does any other Canadian law specifically confer that right, although government programs exist to provide publicly funded health services.

Link to comment
Share on other sites

+1

Free parking means full lots and no available spots, especially at hospitals here in the GTA, where most lots aren't that big anyways and lots are pretty packed even with the current system. Parking spots for those who are in need of repeated visits are covered with a pass, at least here they are. Those who have the typical visit to emerg once in a blue moon, having someone drop them off and pick them up shouldn't be a problem, or using public transportation. If they are in bad shape obviously they have the option of an ambulance.

Those who want everyone to have free parking haven't considered the cost of making that a reality, or have no concept of a budget.

Link to comment
Share on other sites

By all means your are free to go to a doctor and read a book. Nobody is stopping you.

Should something like that be made into law where what is interpreted as healthcare and education is determined by the courts and deemed to be some sort of fiduciary duty it would simply be faster to just declare bankruptcy right now.

As is the existing Canada health act is going to either need to be seriously modified or we will have no money for anything else.

But like any other democracy we will just kick the can down the road until the problem becomes catastrophic.

Le sigh.

Link to comment
Share on other sites

The Canada Health Act (section 12) Accessibility

The intent of the accessibility criterion is to ensure that insured persons in a province or territory have reasonable access to insured hospital, medical and surgical-dental services on uniform terms and conditions, unprecluded or unimpeded, either directly or indirectly, by charges (user charges or extra-billing) or other means (e.g., discrimination on the basis of age, health status or financial circumstances).

In addition, the health care insurance plans of the province or territory must provide:

•reasonable compensation to physicians and dentists for all the insured health services they provide; and

•payment to hospitals to cover the cost of insured health services.

Reasonable access in terms of physical availability of medically necessary services has been interpreted under the Canada Health Act using the "where and as available" rule. Thus, residents of a province or territory are entitled to have access on uniform terms and conditions to insured health services at the setting "where" the services are provided and "as" the services are available in that setting.

Link to comment
Share on other sites

The Canada Health Act (section 12) Accessibility

You'd think the Newfoundland lawsuit has some grounds, but what might kill it is that 'reasonable access' isn't clearly defined at all.

I certainly was under the perception that free healthcare was a protected Canadian right. Turns out that not much stands in the way of a government that wants to privatize it completely.

Link to comment
Share on other sites

You missed the point... again.

Claims are being made that there is a constitutional right to health care and even free health care by some people.

The difference is critical because if it is a constitutional right enforceable under the Charter as opposed to a legal right enforceable under the Canada health Act then it is part of the supreme law of Canada.

Le sigh, indeed.

Link to comment
Share on other sites

Seems not.

Total CHT cash levels are set in legislation up to 2013-14 and grow by 6 per cent annually as a result of the automatic escalator. The Government announced in December 2011 that total CHT cash would keep growing at 6 per cent until 2016-17. Starting in 2017-18, total CHT cash will grow in line with a three-year moving average of nominal Gross Domestic Product, with funding guaranteed to increase by at least 3 per cent per year.

http://www.fin.gc.ca...rov/cht-eng.asp

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...