While the Court stopped short of conferring a freestanding constitutional right to healthcare, it stated that s. 7 of the Charter (which provides that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice) confers a right to
equitable access to medical services legally available in Ontario.
Seven in 10 of the world's poor live in remote or rural areas,
where access to medical services is sharply limited or not available at all: 5 billion people can't reach or afford essential surgical care, from emergency caesarian sections to cancer surgery.
This includes
ensuring access to medical services irrespective of a migrant's registration status and a non-deportation policy until intensive TB treatment has been concluded.
First, patients could argue that their section 7 «right [s] to life, liberty and security of the person» are unjustifiably infringed by legislation that
limits access to medical services.
These were important findings from access to justice and
access to medical services perspectives, as those seeking MAD would otherwise have had to bring applications for individual constitutional exemptions and to do so in the province in which they sought MAD — a much more significant burden, especially in light of the fact that applicants are persons claiming to have grievous and irremediable medical conditions causing intolerable suffering.
While the bill did not pass, the resultant hearings, which lasted 3 years, raised awareness of the importance of population issues to world peace, economic development, and individual well - being, with an emphasis on personal freedom and
equal access to medical services.
[212] In assessing proportionality, the court considered both the Charter rights of patients to equitable
access to medical services as part of the right of each individual to «life, liberty and security of the person», [195] and the expectation that the privilege of practising is subject to protection of the public interest.
While the health - care system in Canada ensures that virtually everyone living here has
access to medical services in any part of the country, it doesn't cover everything.
Children may feel unsafe in their neighborhoods; their housing and transportation systems may be inconsistent or non-existent (Walsh 2015, 131); they may not have
access to medical services and nutritious food; and they may suffer from traumas such as physical abuse, sexual abuse, or neglect (Sajnani et al. 2014, 209).