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Applicability of the Charter in the ...

University of Toronto (Canada).

Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-Mask Policies.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-Mask Policies./
Author:	Greiss, John.
Description:	1 online resource (52 pages)
Notes:	Source: Masters Abstracts International, Volume: 56-02.
Subject:	Law. -
Online resource:	click for full text (PQDT)
ISBN:	9781369405873

Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-Mask Policies.
Greiss, John.

Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-Mask Policies. - 1 online resource (52 pages)

Source: Masters Abstracts International, Volume: 56-02.

Thesis (LL.M.)--University of Toronto (Canada), 2016.

Includes bibliographical references

Despite numerous Supreme Court of Canada decisions on Charter applicability, there has been limited discussion on how the Charter applies to entities operating in the healthcare sector. This paper uses vaccination-or-mask policies as a test case to illustrate the difficulties in applying the current law to determine if the Charter applies to various actors, including hospitals, regional health authorities, physicians' offices and other for-profit healthcare companies, and the professional regulatory bodies. The analysis demonstrates that the current test remains confusing and unclear, does not significantly reduce the possibility of government shirking its Charter obligations, and may lead to a differential protection of rights across the provinces. A solution is proposed that requests the court to consider a more holistic approach to characterizing an entity as governmental or not. Also, it may be useful to recognize that healthcare as a public monopoly is a unique case for Charter applicability.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2018

Mode of access: World Wide Web

ISBN: 9781369405873Subjects--Topical Terms:

671705
Law.
Index Terms--Genre/Form:

554714
Electronic books.

Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-Mask Policies.
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245 1 0 $a Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-Mask Policies.
264 0 $c 2016
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500 $a Source: Masters Abstracts International, Volume: 56-02.
500 $a Adviser: Carol Rogerson.
502 $a Thesis (LL.M.)--University of Toronto (Canada), 2016.
504 $a Includes bibliographical references
520 $a Despite numerous Supreme Court of Canada decisions on Charter applicability, there has been limited discussion on how the Charter applies to entities operating in the healthcare sector. This paper uses vaccination-or-mask policies as a test case to illustrate the difficulties in applying the current law to determine if the Charter applies to various actors, including hospitals, regional health authorities, physicians' offices and other for-profit healthcare companies, and the professional regulatory bodies. The analysis demonstrates that the current test remains confusing and unclear, does not significantly reduce the possibility of government shirking its Charter obligations, and may lead to a differential protection of rights across the provinces. A solution is proposed that requests the court to consider a more holistic approach to characterizing an entity as governmental or not. Also, it may be useful to recognize that healthcare as a public monopoly is a unique case for Charter applicability.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2018
538 $a Mode of access: World Wide Web
650 4 $a Law. $3 671705
650 4 $a Public health. $3 560998
650 4 $a Public policy. $3 1002398
655 7 $a Electronic books. $2 local $3 554714
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690 $a 0573
690 $a 0630
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710 2 $a University of Toronto (Canada). $b Law. $3 1180081
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