Author Archives: Jay Makarenko


Chaoulli: Broadening the Charter and the Role of the Court

I think it is important to stand back and examine what the Court did in the much larger context of Canadian constitutionalism and government. Prior to the Court’s decision there was no Charter right to health care, now Canadians have one (albeit a very ambiguous one). This has the potential not only for a major broadening of the Charter, but also of the Court’s role in Canadian politics.