SUPREME COURT OF CANADA Citation: Canada (Attorney General) v. Power, 2024 SCC 26 Appeal Heard: December 7, 2023 Judgment Rendered: July 19, 2024 Docket: 40241 Between: Attorney General of Canada Appellant and Joseph Power Respondent - and - Attorney General of Ontario, Attorney General of Quebec, Attorney General of Nova Scotia, Attorney General of New Brunswick, Attorney General of Manitoba, Attorney General of British Columbia, Attorney General of Prince Edward Island, Attorney General of Saskatchewan, Attorney General of Alberta, Attorney General of Newfoundland and Labrador, Fisher River Cree Nation, Sioux Valley Dakota Nation, Manto Sipi Cree Nation, Lake Manitoba First Nation, Quebec Native Women Inc., Speaker of the Senate, David Asper Centre for Constitutional Rights, Canadian Civil Liberties Association, Canadian Constitution Foundation, Queen’s Prison Law Clinic, John Howard Society of Canada, British Columbia Civil Liberties Association, West Coast Prison Justice Society and Speaker of the House of Commons Interveners Coram: Wagner C.J. and Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal, O’Bonsawin and Moreau JJ. Joint Reasons for Judgment: (paras. 1 to 119) Wagner C.J. and Karakatsanis J. (Martin, O’Bonsawin and Moreau JJ. concurring) Reasons Dissenting in Part: (paras. 120 to 253) Jamal J. (Kasirer J. concurring) Dissenting Reasons: (paras. 254 to 383) Rowe J. (Côté J. concurring) Note: This document is subject to editorial revision before its reproduction in final form in the Canada Supreme Court Reports. Attorney General of Canada Appellant v. Joseph Power Respondent and Attorney General of Ontario, Attorney General of Quebec, Attorney General of Nova Scotia, Attorney General of New Brunswick, Attorney General of Manitoba, Attorney General of British Columbia, Attorney General of Prince Edward Island, Attorney General of Saskatchewan, Attorney General of Alberta, Attorney General of Newfoundland and Labrador, Fisher River Cree Nation, Sioux Valley Dakota Nation, Manto Sipi Cree Nation, Lake Manitoba First Nation, Quebec Native Women Inc., Speaker of the Senate, David Asper Centre for Constitutional Rights, Canadian Civil Liberties Association, Canadian Constitution Foundation, Queen’s Prison Law Clinic, John Howard Society of Canada, British Columbia Civil Liberties Association, West Coast Prison Justice Society and Speaker of the House of Commons Interveners Indexed as: Canada (Attorney General) v. Power 2024 SCC 26 File No.: 40241. 2023: December 7; 2024: July 19. Present: Wagner C.J. and Karakatsanis, Côté, Rowe, Martin, Kasirer, Jamal, O’Bonsawin and Moreau JJ. on appeal from the court of appeal for new brunswick msdogfood@hotmail.com |
Controversial law designed to free up hospital beds to be tested in Ontario court
A new charter challenge set to get underway on Monday will test the constitutionality of a controversial Ontario law that allows hospitals to place discharged patients into long-term-care homes not of their choosing or face a $400-per-day charge if they refuse.
The Advocacy Centre for the Elderly and the Ontario Health Coalition argues the law, known as the More Bed Better Care Act, or Bill 7, violates the Charter of Rights and Freedoms.
The province disagrees.