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House Hansard - 31

44th Parl. 1st Sess.
February 15, 2022 10:00AM
Context: House Hansard - 31 - Feb/15/22
Mr. Don Davies (Vancouver Kingsway, NDP)
  • Feb/15/22 4:30:42 p.m.
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Madam Speaker, I agree very much with my hon. colleague about the importance of the Canada Health Act and federal spending. I also worked for a union for 16 years, so I appreciate her contributions to working people. However, I must take issue with the member's inaccurate statement that health care is provincial. I am going to read from the Library of Parliament paper on the jurisdiction. It states that “...the Constitution Act, 1867 does not expressly include “health” as a legislative power assigned either to Parliament...or to the provincial legislatures....” The Supreme Court of Canada has not interpreted section 92 as giving provincial legislatures exclusive jurisdiction over health care. The Supreme Court of Canada, in Schneider v. The Queen, stated: ...“health” is not a matter which is subject to specific constitutional assignment but instead is an amorphous topic which can be addressed by valid federal or provincial legislation, depending in the circumstances of each case on the nature or scope of the health problem in question. The Schneider decision also says that the national concern doctrine is a basis for a federal health jurisdiction, saying: ...federal legislation in relation to "health" can be supported where the dimension of the problem is national rather than local in nature.... Therefore, when my hon. colleague says that it is not the federal government's business to be in health care, she is constitutionally wrong. Is the member aware that the phrase “health care” does not occur in the Constitution and that the Supreme Court of Canada has said that health care is federal—
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Context: House Hansard - 31 - Feb/15/22
Mr. Don Davies (Vancouver Kingsway, NDP)
  • Feb/15/22 5:44:30 p.m.
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  • Re: Bill C-12 
Mr. Speaker, a very common theme throughout my hon. colleague's speech was concern for seniors, particularly low-income seniors and seniors living in poverty. It is now widely regarded in Canadian society that one of the best ways to deal with poverty is with strong, universal programs, including our public health care system, which means everybody gets access to quality health care regardless of the size of their wallet. I was quite disturbed to hear the hon. member, on February 7 in the emergency debate on COVID-19, endorse the concept of “opportunities for private delivery” in health care in this country. Does he not agree with me that the last thing anybody in this country needs, including poor seniors, is private health care, which would make health care dependent on the size of their wallet?
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