D. STATE - Access to
Services
Leading
Cases
Eldridge v.
http://www.canlii.org/ca/cas/scc/1997/1997scc89.html
The fact that the legislation did not provide funding for interpreters in hospitals did not violate s.15(1). Rather, it was the fact that hospital directors did not use their discretion to fund the interpreters that violated s.15(1).
Eaton v.
http://www.canlii.org/ca/cas/scc/1997/1997scc13.html
A disabled
child was placed in special education classes against the wishes of her
parents. The Supreme Court of Canada
held that the decision to place her in special classes did not
constitute the imposition of a burden or disadvantage and it did not constitute
the withholding of a benefit or advantage.
It was a decision that was made in the best interests of the child using
a child centered analysis.
Auton (Guardian ad litem of) v.
http://www.canlii.org/bc/cas/bcsc/2000/2000bcsc1142.html
Government
failure to fund autism treatment violated s.15(1).
Auton (Guardian ad litem of) v.
http://www.canlii.org/ca/cas/scc/2004/2004scc78.html
Government
failure to fund autism treatment does not violate s.15(1). The claimant group was not denied a benefit
that was otherwise available to a comparator group. The Canadian health care system is not
intended to cover all health programs and costs. Autism programs are not funded because they
are not considered to be a core health program.
The lack of funding is not based on discrimination.
R. v. Demers [2003] B.C.J. No. 75, Court of Appeal for
http://www.canlii.ca/bc/cas/bcca/2003/2003bcca28.html
Prohibition
on picketing outside of abortion clinics violates freedom of expression but is
saved under s.1 of the Charter.
Chaoulli v.
http://www.canlii.org/ca/cas/scc/2005/2005scc35.html
Banning
patients from using private health insurance is unconstitutional under the