Канаданың денсаулық сақтау жүйесіне шабуыл: «Шаулли» ісі және жеке медициналық сақтандыру мәселесі

Chaoulli v Quebec (AG) [2005] 1 S. C. R. 791, ,
was a decision by the Supreme Court of Canada of which the Court ruled that the Quebec Health Insurance Act and the Hospital Insurance Act prohibiting private medical insurance in the face of long wait times, up to 9 months, violated the Quebec Charter of Human Rights and Freedoms. In a 4 to 3 decision, the Court found the Acts violated Quebecers' right to life and security of person under the Quebec Charter. The ruling is binding only in Quebec. Three of the seven judges also found that the laws violated section seven of the Canadian Charter of Rights and Freedoms. One judge did not rule on the Canadian Charter. The result was a 3–3 tie on the question of the Canadian Charter, so Chaoulli decision does not apply to any other province.

Having suffered in the past from numerous health problems including a hip replacement, 73 year old salesman George Zeliotis became an advocate for reducing waiting times for patients in Quebec hospitals. Jacques Chaoulli is a doctor who provided home appointments to patients. He attempted to get a licence to offer his services as an independent private hospital but was rejected due to provincial legislation prohibiting private health insurance. Together, the two men sought a declaratory judgment to contest the prohibition.

The decision proved to be highly contentious by its political nature and its conflict with the present government's policy on health. There are those, who argue that this decision could potentially lead to the dismantling of the Canadian Medicare system, while others suggest that this could be a much needed wake up call to repair the ailing system. This ruling could have a direct effect on most provinces that currently have laws that are designed to discourage the private sector, in particular Ontario, Manitoba, British Columbia, Alberta, and Prince Edward Island, which all have legislation very similar to the impugned laws in Quebec. After the Supreme Court rendered its judgment, the Attorney General of Quebec asked the Court to stay (suspend) its judgment for 18 months. The Court granted the stay for only 12 months; it therefore expired on June 8, 2006. In August 2005, delegates to the Canadian Medical Association adopted a motion supporting access to private sector health services and private medical insurance in circumstances where patients cannot obtain timely access to care through the single payer health care system. In November 2005, a Quebec provincial white paper on limited private reforms was leaked to the media. The paper proposed allowing the purchase of private medical insurance. To prevent doctors from abandoning the public system, the paper would force doctors to perform a minimum amount of work in the public sector before they would be allowed to perform in the private sector.

Freedom Fighter Western Standard article by Peter Jaworski. A doctor challenges Canada's health care system International Herald Tribune article by Clifford Krauss. Chaoulli decision was not judicial activism a commentary by Arthur Weinrib. Lament for a health care system a CMAJ editorial about the court ruling.