Patient can make charter argument; to pay for treatment in Britain
CBC || December 22, 2005
A cancer patient can cite the right to life guaranteed in the charter in his fight to have the province pay for his treatment in Britain, an Ontario judge has ruled.
The divisional court ruling released Tuesday involves 56-year-old Adolfo Flora, a Toronto science teacher until 1999.
Flora says he spent nearly $450,000 for successful treatment of his liver cancer in 2000 after he was denied life-saving help in Ontario.
In a hearing this week, Flora was seeking to amend his case against the Ontario Health Insurance Plan in light of a June ruling by the Supreme Court of Canada.
Article Posted at www.KnowledgeDrivenRevolution.com
The top court found that the Charter of Rights and Freedoms was violated by a law that prohibited private health care, in light of delays in the public system.
Divisional court Judge James Carnwath agreed, ruling that the Supreme Court decision means that public health cases involving the charter "must now be viewed in a new light."
Flora can now allege the government infringed his right to life by refusing to pay for the treatment.
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