Papineau Case Against Doctors Delayed an Unreasonable Three Years – A new Charter of Rights Case Perhaps?
Nov 22, 2018
Papineau case delayed 3 years!!
The delays in the Papineau case against his physicians may end up being a Charter of Rights case. Legislation has been introduced focused on the criminal justice system but the civil justice system does not seem to be given the same priority. This leaves those with legitimate claims against people or entities for other than criminal behaviour perhaps losing their Charter rights.
Here is a quote from the Law Times in Canada,
“Combined with a focus on criminal trials after Jordan, this means the backlog for civil matters just gets longer.
Civil delays cause major issues, primarily for those who have meritorious claims and are seeking enforcement of those claims.
Delays in justice may well mean the defendant reorganizes or goes bankrupt while a creditor waits.
It also means a defendant can deny the creditor money that they deserve for longer, or even forever, if judgment can be denied until bankruptcy.
The Charter does not explicitly provide for economic rights, such as a right to a fast civil trial.
However, if delays continue in the civil context at the current rate, there is a danger that a rights infringement may take place under s. 7 of the Charter — “7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
The civil justice method is the only legal way for persons to legally resolve conflicts within society, and it is a pillar of our democracy as well as justice system.”
….. Above quoted from…
Bill 75 has been introduced, it has passed 1st and 2nd reading in the House and is now in the Senate Standing Committee of Justice and Human Rights. Bill 75 deals largely with reforms to the criminal justice system only.
The three year delay of the Papineau case has greater human good, human rights ramifications for thousands of sick Canadians being denied access to care due to a very flawed and controlled medical bureaucracy. The unreasonable 3 year delay may trigger a Charter case but that can also be a lengthy process.
“The medical bureaucracy is a mountain of money, ego, privilege, opinion, government and corruption. Science and evidence are often ignored, hidden, or intentionally misconstrued. Together we the people can and will move mountains.” Jim Wilson
Of interest is also the report submitted by representatives of many countries including Canada to the United Nations Human Rights Commission in June 2018 following a report presented to the World Health Organization.in 2017.