Friday, September 30, 2011

Legal Issues: The Right to Timely Access to Medical Care and the Right to Choose Treatment

In British Columbia, many women who are in labour and delivery do not have access to timely medical care and effectively cannot choose treatment because reasonable resources (dedicated obstetric anaesthesiology in level 3 hospitals) are not available. Is this a violation of their charter rights and should government be held accountable for the resulting psychological and physical harm?

Section 7 of the Canadian Charter of Rights and Freedoms states that:

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived therof except in accordance with the principles of fundamental justice.

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