Eldridge v. British Columbia (Attorney General)
Encyclopedia
Eldridge v. British Columbia (Attorney General) [1997] 2 S.C.R. 624, is a leading decision by the Supreme Court of Canada
that expanded the application of the charter under section 32
of the Canadian Charter of Rights and Freedoms
and was one of the first four rulings proceeding where the Court was sharply divided on the interpretation of section 15
of the Charter.
Each of the appellants in this case was born Deaf and their preferred means of communication were sign language. They contended that the absence of interpreters impaired their ability to communicate with their doctors and other health care providers, and thus increased the risk of misdiagnosis and ineffective treatment. The Supreme Court of Canada ruled that sign language interpreters must be provided in the delivery of medical services where doing so is necessary to ensure effective communication.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
that expanded the application of the charter under section 32
Section Thirty-two of the Canadian Charter of Rights and Freedoms
Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. Only claims based on the type of law contemplated by this section can be brought before the Court....
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and was one of the first four rulings proceeding where the Court was sharply divided on the interpretation of section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Charter.
Each of the appellants in this case was born Deaf and their preferred means of communication were sign language. They contended that the absence of interpreters impaired their ability to communicate with their doctors and other health care providers, and thus increased the risk of misdiagnosis and ineffective treatment. The Supreme Court of Canada ruled that sign language interpreters must be provided in the delivery of medical services where doing so is necessary to ensure effective communication.