Canadian Constitution Convention

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The Canadian Constitution Foundation is a libertarian/conservative legal charity, independent and non-partisan, having a self-described mission of "Protecting the constitutional freedoms of Canadians.".[1] It is located in the traditionally conservative region of Calgary.[2]

The Canadian Constitution Foundation supports seminars at law schools, much as the Federalist Society does in the United States. The Canadian Constitution Foundation also funds litigation to advance its goals, in favor of:[3]

  • Individual freedom – the “fundamental freedoms” in section 2 of the Charter:
  • freedom of association;
  • freedom of peaceful assembly;
  • freedom of conscience and religion;
  • freedom of thought, belief, opinion and expression.
  • Economic liberty: the right to earn a living, and to own and enjoy property, supported by the Charter section 7 right to “life, liberty and security of the person.”
  • Equality before the law: the Charter section 15 guarantees equal rights and equal opportunities for all Canadians, special privileges for none.

The leading lawsuit of the Foundation at this time is William Murray v. Alberta (Minister of Health). It was described by its Executive Director John Carpay as follows:[4]

In 2004, the Alberta government refused to provide Bill Murray, then 57, with the Birmingham hip resurfacing surgery recommended by a specialist as the best medical option. The Alberta government told him that, at 57, he was too old to deserve or enjoy the benefits of this surgery. ...

In Alberta and other provinces, citizens can spend their money on gambling, alcohol, tobacco and pornography, but not on health insurance to provide better and faster access to quality medical care. Canadians can buy private medical insurance for their pets, but not for themselves or for their children. ...

Fortunately, the Supreme Court of Canada destroyed this myth [of harm if private health care were allowed] in its Chaoulli decision. The majority of the Court noted that Germany, Australia, Sweden, and many other countries have both public and private health care, and the latter does not threaten the former. The Chaoulli ruling corresponds with the World Health Organization’s ranking of Canada’s public health system as only 30th in the world. The 29 countries which enjoy better public health care than Canada allow for various forms of private health care and private insurance to exist alongside the public system. In a similar vein, the Fraser Institute notes that Canada’s health care spending is the second highest in the world, but this level of spending is not matched by access to medical services or by health outcomes. Canada, Cuba, and North Korea are the only three countries in the world which prevent citizens from spending their own money on essential medical services outside of the government monopoly. ...


  2. 235, 3545 - 32 Ave. N.E., Suite 641, Calgary, AB, T1Y 6M6. Phone 403-592-1731.
  4. "Health care insurance gap should be closed," Calgary Herald (Mar. 22, 2007)