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court to rule in landmark judicial activism case |
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source: NUPGE (National Union of Public and General Employees)
The landmark case involves a decision by the B.C. of Appeal ordering the province's Liberal government to provide intensive treatment for autistic children. The decision, which sided with four sets of parents denied therapy for their children, reinforces one of the main themes emphasized by the National Union in its campaign to protect and preserve public medicare -- i.e. that the health care system itself is one of the country's most important public policy instruments for promoting equality. The Supreme Court review of the B.C. judgment will be closely watched to see what guidance the country's top court gives to judges who must rule in cases that put the Charter of Rights into conflict with laws passed by elected politicians. The judges in the B.C. court ruled clearly that, when constitutional rights and the welfare of children are at stake, governments face limits in how far they can extend their powers to restrict spending. The B.C. court not only ordered the province to provide intensive therapy costing between $40,000 and $60,000 a year, it also awarded the parents 'symbolic' damages of $20,000 each. The judges also said they would take action to enforce their order if the B.C. government tried to ignore it. Web
posted by NUPGE: 16 May 2003 |
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