Allen v. Alberta

September 9, 2015: Alberta Court of Appeal upholds government monopoly over health care

“The Alberta courts have failed to apply the Supreme Court of Canada precedent in Chaoulli v. Quebec, in which the Court ruled that access to a waiting list is not access to health care,” stated John Carpay, Darcy Allen’s lawyer and President of the JCCF.

“The Court ignored the evidence that many patients in Alberta are on waiting lists for surgery, and many of those patients, like Darcy Allen, suffer severe pain for years.  This evidence was substantially similar to the evidence before the Supreme Court of Canada in the Chaoulli decision, which struck down Quebec’s ban on private health insurance. Further, the Alberta law challenged by Darcy Allen is almost identical to the Quebec law struck down in Chaoulli,” continued Carpay.

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April 10, 2015: Allen v. Alberta appeal goes to court

Dr. Allen was unsuccessful in the Court of Queen’s Bench, which in 2014 dismissed his application to challenge the Alberta Government’s health care monopoly, and refused to apply the Chaoulli precedent.  The Court ignored the evidence that many patients in Alberta are on waiting lists for surgery, and many of those patients, like Darcy Allen, suffer severe pain for years.  This evidence was substantially similar to the evidence before the Supreme Court of Canada inChaoulli.  Further, the Alberta law challenged by Darcy Allen is almost identical to the Quebec law struck down in Chaoulli.

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December 18, 2014: JCCF appeals constitutional challenge for access to health care

Dr. Allen was unsuccessful in the Court of Queen’s Bench, which in 2014 dismissed his application to challenge the Alberta Government’s health care monopoly, and refused to apply the Chaoulli precedent.  The Court ignored the evidence that many patients in Alberta are on waiting lists for surgery, and many of those patients, like Darcy Allen, suffer severe pain for years.  This evidence was substantially similar to the evidence before the Supreme Court of Canada inChaoulli.  Further, the Alberta law challenged by Darcy Allen is almost identical to the Quebec law struck down in Chaoulli.

On November 24, 2014, JCCF filed its factum arguing that Alberta’s prohibition of private health insurance violates Canadians’ Charter s. 7 rights to life and security of the person.  JCCF’s argument is based on the Supreme Court of Canada’s decision in Chaoulli v. Quebec which overturned Quebec’s prohibition of private insurance.

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March 31, 2014: Alberta court rejects JCCF’s access to health care challenge

On November 24, 2014, JCCF filed its factum arguing that Alberta’s prohibition of private health insurance violates Canadians’ Charter s. 7 rights to life and security of the person.  JCCF’s argument is based on the Supreme Court of Canada’s decision in Chaoulli v. Quebecwhich overturned Quebec’s prohibition of private insurance.

On March 31, 2014, the Alberta Court of Queen’s Bench ruled against the constitutional challenge to the Alberta government’s health care monopoly, brought by Alberta dentist Darcy Allen.

Dr. Allen’s application sought to have the Supreme Court of Canada ruling in Chaoulli v. Quebec extended to Alberta

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October 17, 2013: Court Hearing

On October 17, 2013, the Court of Queen’s Bench heard Allen v. Alberta, JCCF’s legal challenge against the Alberta government’s health care monopoly.

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July 2012 press conference

John Carpay answering questions at Calgary courthouse July 2012

John Carpay answering questions at Calgary courthouse July 2012

Darcy Allen answering questions at Calgary courthouse July 2012

Darcy Allen answering questions at Calgary courthouse July 2012

Darcy Allen answering questions at Calgary courthouse July 2012

Darcy Allen answering questions at Calgary courthouse July 2012

John Carpay and Darcy Allen at at Calgary courthouse July 2012

John Carpay and Darcy Allen at at Calgary courthouse July 2012

 

 

Case Documents