Ratio Example Principles of The principles of fundamental justice are the Right to wait times” NOT a “reasonable fundamental basic tenants of our legal system. They require: manageable standard- ½ Chaoulli justice Legal principle ½ Reasonable person thinks is vital to societal notion of justice Capable of precise identification and application with predictable results (manageable standard). Laws Shall This laws that no relation to or [are] InSite promotes health, and the object of the “bear not be inconsistent with the object that lies behind [it]” act is also to do that, so denying it is Arbitrary Rodriguez. inconsistent. Also clear that crime goes down ½ the Court: b/c of insite, so unnecessary for the objective Laws that are unnecessary for achieving the of preventing crime. PHS objective are arbitrary. Evidence of other countries which maintain a Need to know: state interest and societal private health care system as well as a public concerns the provision is meant to health care system used to demonstrate a ban reflect. on private health care insurance unnecessary Need a real connection on the facts for the goal of protecting a public health care between the limit and the legislative system. Chaoulli goal. ½ the Court: Binnie/Lebel Laws that are inconsistent with the objective are arbitrary. Not arbitrary just because you disagree or think it is not the best way of achieving the goal.
Ratio Example Principles of fundamental justice ½ The principles of fundamental justice are the basic tenants of our legal system. They require: Legal principle Reasonable person thinks is vital to societal notion of justice Capable of precise identification and application with predictable results (manageable standard). Right to “reasonable wait times” NOT a manageable standard- ½ Chaoulli Laws Shall not be Arbitrary This laws that “bear no relation to or [are] inconsistent with the object that lies behind [it]” Rodriguez. ½ the Court: Laws that are unnecessary for achieving the objective are arbitrary. Need to know: state interest and societal concerns the provision is meant to reflect. Need a real connection on the facts between the limit and the legislative goal. ½ the Court: Binnie/Lebel Laws that are inconsistent with the objective are arbitrary. Not arbitrary just because you disagree or think it is not the best way of achieving the goal. InSite promotes health, and the object of the act is also to do that, so denying it is inconsistent. Also clear that crime goes down b/c of insite, so unnecessary for the objective of preventing crime. PHS Evidence of other countries which maintain a private health care system as well as a public health care system used to demonstrate a ban on private health care insurance unnecessary for the goal of protecting a public health care system. Chaoulli
Thomson-Law_100-_Final_Charter_Analysis.docx