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Healthcare federalism in an age of nation-to-nation interaction

Healthcare federalism in an age of nation-to-nation interaction
Healthcare federalism in an age of nation-to-nation interaction
Primary provincial responsibility over health care leads to inconsistent health care coverage across the provinces and sub-optimal coverage in many provinces. The federal government should accordingly use its available powers to standardize health care coverage across Canada. Doing so would improve health care justice and could increase Canada's realization of its health-related international human rights obligations. Yet an increased federal role in health care may be inconsistent with recognition of sub-constitutional nations-within-nations (viz., Quebec and Indigenous nations) in Canada and the increased decision-making for such nations that recognition could entail. Canada recognizes nations within the nation of Canada (at least sub-constitutionally). Should these sub-constitutional nations constrain the federal government’s ability to take an increased role in health care regulation in Canada? This talk introduces the general problem raised by the conjunction of the need for an increased federal role and sub-constitutional nations. It then offers some tentative thoughts on how to resolve the attendant issues: while there is at least a prima facie case that ‘national’ status should have some normative weight and recognized nations-within-a-nation should have an increased role in decision-making about social goods like health care, this prima facie case need not completely undermine increased federal action in the field.
Federalism, Constitutional Law, Health Law, Authority, Nationalism, Canadian Law, Public Law
Da Silva, Michael
05ad649f-8409-4012-8edc-88709b1a3182
Da Silva, Michael
05ad649f-8409-4012-8edc-88709b1a3182

Da Silva, Michael (2022) Healthcare federalism in an age of nation-to-nation interaction. La Revue de droit de l'Université de Sherbrooke, 51 (1). (doi:10.7202/1092796ar).

Record type: Article

Abstract

Primary provincial responsibility over health care leads to inconsistent health care coverage across the provinces and sub-optimal coverage in many provinces. The federal government should accordingly use its available powers to standardize health care coverage across Canada. Doing so would improve health care justice and could increase Canada's realization of its health-related international human rights obligations. Yet an increased federal role in health care may be inconsistent with recognition of sub-constitutional nations-within-nations (viz., Quebec and Indigenous nations) in Canada and the increased decision-making for such nations that recognition could entail. Canada recognizes nations within the nation of Canada (at least sub-constitutionally). Should these sub-constitutional nations constrain the federal government’s ability to take an increased role in health care regulation in Canada? This talk introduces the general problem raised by the conjunction of the need for an increased federal role and sub-constitutional nations. It then offers some tentative thoughts on how to resolve the attendant issues: while there is at least a prima facie case that ‘national’ status should have some normative weight and recognized nations-within-a-nation should have an increased role in decision-making about social goods like health care, this prima facie case need not completely undermine increased federal action in the field.

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RDUS Da Silva AM - Accepted Manuscript
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Accepted/In Press date: 18 February 2022
e-pub ahead of print date: 12 October 2022
Keywords: Federalism, Constitutional Law, Health Law, Authority, Nationalism, Canadian Law, Public Law

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Local EPrints ID: 457465
URI: http://eprints.soton.ac.uk/id/eprint/457465
PURE UUID: bfdffc01-f544-4969-9127-f32bcf887967

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Date deposited: 09 Jun 2022 16:47
Last modified: 11 Nov 2022 17:38

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Author: Michael Da Silva

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