The appellants challenged the validity of provisions in Quebec's Health Insurance Act and Hospital Insurance Act that prohibit residents from purchasing private health insurance for services covered by the public health care plan.
They argued that waiting times in the public system deprived them of access to timely care, violating their rights under the Quebec Charter and the Canadian Charter.
The Supreme Court of Canada allowed the appeal.
A majority found that the prohibition violates the right to life and personal inviolability under s. 1 of the Quebec Charter and is not justified under s. 9.1.
Three of the judges also found that the prohibition violates s. 7 of the Canadian Charter because it arbitrarily deprives individuals of life and security of the person by forcing them to endure unreasonable waiting times without the option of seeking private care.
