This is how the appeal of the Day Health Care Case should be argued before the SCC:
You should not have to be Rich to get the Health Care you need to preserve your Life, Liberty and Security of the Person in Accordance with the Fundamental Principles of Justice.
Let's break this down. First, we list just what are the Principles of Fundamental Justice. Among These are Equity (fairness!), Contract, Equality and Due Process.
It is patently unfair, inequitous, inequable and inequitable to deny a person the right to get the health care they need, when it was promised by law and one was denied the option of insuring oneself UNLESS one (like the judges who made the decision last week) is wealthy and/or well-connected and/or of a high social status and education.
It is contrary to any principle of contract law and a fundamental breach of contract to exact taxes from the citizen in return for delivering a health care system that will provide for your health care needs and fail to do it. Damages or compensation needs to be paid as a result,, in this case, money to seek private care. Worse, again, all provinces have made it illegal for someone to get Health Care Insurance for listed OHIP services reinforcing the breach and inequity of the circumstances and, of course, leaving only the Rich the chance to rectify this injustice for themselves.
It is versus not only the Section 7 provision but arguably also the section 15 (disability) Equality provisions of the Charter to deprive someone of their Section 7 rights due to social or economic status or conditions. (And, remember, Section 15 does not limit itself only to the headings of inequality that appear in the provision)
It is arguably against the Section 12 provision guaranteeing that you are not to be subjected to Cruel and Unusual TREATMENT or Punishment to deny someone the health care they need due to social or economic status or conditions.
It is against the general principles of Due Process, usually applied to those in the criminal justice system but also used in the civil system (e.g.: discovery) for a person to be deprived of their Section 7 rights due to social or economic status or conditions - Justice in Health Care Delayed is Literally Health Care Denied!
For all these reasons, I believe the Day Legal Team can amply prove that, by definition, Section 7 rights are being denied to the patient-plaintiffs and not in accordance with several of the most important "Principles of Fundamental Justice" that we all readily recognize, that are the bedrock of our Rule of Law (not to mention a Law School Syllabus) and that we all hold dear.
Above all, it is more than a blank, legal technicality but an excruciating obscenity for the very individuals who benefit from this iniquitous system to claim that those less fortunate than them should put up with this because of their pretzel-like legalisms. What is obviously a case of one set of members of the Elite (judges and lawyers) giving another set of the Elite (bureaucrats and politicians) cover for their breach of their express social contract with their constituents, many of them the most vulnerable and distressed in society, is only made more searingly shocking by the fact that these Elites are precisely the people who have the least to fear from the Grim Reaper of Public Health Care. Above all, this decision is meant to bail out the governments from paying for the health care promised ostensibly via legal "justice".But, I have the oddest feeling that, if this Home Truth was brought home to the Santa Clauses on the Rideau in argument, they would surely lose the case and be disqualified for being way too honest.
I find it bitterly ironic that I am using in some ways a Marxist classist analysis to achieve a conservative goal that I have sought all of my life, but the ones who erected the Marxist system that has brought all of this on can lie in the hospital bed they made!
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