"Canadians (Quebecers) have the right to life, liberty and security of the person guaranteed by s. 7 of the Canadian Charter.
"Having to wait an unreasonable amount of time for health care can impact these rights.
"The supreme court considers wait times in the current Quebec health system to be unreasonable."
As a result of the above three points, it is a violation of the plaintif's rights to prevent him from seeking his own remedy outside the public system.
...which actually strikes me as not very surprising.
Just because I feel that the court's decision seems to be a natural one does not mean that I think two-tier health care is a good change for our country. I'm not convinced of that yet, not even after reading arguments in favour such as the one on Bound by Gravity.
Markets for private health insurance are subject to extremely severe information
asymmetries. This leads to serious adverse selection problems (insurers attract bad risks, forcing
firms to refuse insurance to certain groups, and institute costly underwriting practices for others),
and moral hazard (cost control is difficult, because it is very expensive for insurers to determine
whether claims that they receive are justified). Both of these problems generate enormous
transaction costs at best, complete market failure at worst. The Canadian “single-payer” system
eliminates the adverse selection problem in one fell swoop, by creating a single mandatory
universal plan. It also minimizes moral hazard, by centralizing negotiations over fee structures,
and eliminating the collective action problem in enforcement. However, it is extremely important
to the structure of the Canadian system that the government delivers health insurance as a public
good, not health care. And the reason that government provides insurance of this type is not that
there is something intrinsically wrong with buying and selling heath insurance, it is that markets
fail to do so efficiently.
He goes on to talk about good and bad types of two-tier.