Quality V. Equality: The Divided Court in Chaoulli V. Quebec‪.‬

I. Introduction On June 9, 2005, the Supreme Court of Canada issued its anxiously awaited decision in Chaoulli v. Quebec. (1) The legal issue before the Court was whether Quebec legislation prohibiting private insurance for physician and hospital services provided by the publicly funded system contravened the Canadian Charter of Rights and Freedoms (2) and/or the Quebec Charter of Human Rights and Freedoms. (3) The Court divided on this question, rendering three separate decisions. The majority of the Court found that the legislative provisions unjustifiably infringed rights protected by the Quebec Charter; consequently, the provisions were struck down. Additionally, six of the seven judges were evenly split on whether the impugned legislation contravened the Canadian Charter. (4)