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8. Jurisdictional Roulette: Constitutional and Structural Barriers to Aboriginal Access to Health

  • Constance Macintosh
© 2016 University of Toronto Press, Toronto

© 2016 University of Toronto Press, Toronto

Chapters in this book

  1. Frontmatter i
  2. Contents v
  3. Acknowledgments ix
  4. Introduction 1
  5. PART ONE. Constitutional and Administrative Law Challenges to the Boundaries of Medicare
  6. 1. What Is In and Out of Medicare? Who Decides? 15
  7. 2. Charter Challenges and Evidence-Based Decision-Making in the Health Care System: Towards a Symbiotic Relationship 42
  8. 3. Misdiagnosis or Cure? Charter Review of the Health Care System 58
  9. 4. Claiming Equity and Justice in Health: The Role of the South African Right to Health in Ensuring Access to HIV/AIDS Treatment 80
  10. Part Two: Access to Abortion and Reproductive Health Services
  11. 5. Abortion Denied: Bearing the Limits of Law 107
  12. 6. Protecting Fairness in Women’s Health: The Case of Emergency Contraception 137
  13. 7. Achieving Reproductive Rights: Access to Emergency Oral Contraception and Abortion in Quebec 168
  14. Part Three: Access for the Vulnerable: Case Studies from Aboriginal Health and Mental Health
  15. 8. Jurisdictional Roulette: Constitutional and Structural Barriers to Aboriginal Access to Health 193
  16. 9. The Rural Aboriginal Health Gap: The Romanow Solutions? 216
  17. 10. Access to Treatment of Serious Mental Illness: Enabling Choice or Enabling Treatment? 231
  18. PART FOUR. Rationing Access: The Role of the Physician Gatekeeper
  19. 11. The Legal Regulation of Referral Incentives: Physician Kickbacks and Physician Self-Referral 261
  20. 12. The Costs of Avoiding Physician Conflicts of Interest: A Cautionary Tale of Gainsharing Regulation 281
  21. Part Five: Free Trade Agreements: Strengthening or Undermining Access to Health Care?
  22. 13. The Agreement on Trade-Related Aspects of Intellectual Property Rights and Its Implications for Health Care 309
  23. 14 Patient Mobility in the European Union 331
  24. Part Six: Manufacturing Demand for Access: The Role of the Media and the Commercialization of Research
  25. 15. The Power of Illusion and the Illusion of Power: Direct-to-Consumer Advertising and Canadian Health Care 355
  26. 16. The Media, Marketing, and Genetic Services 379
  27. 17. Commercialized Medical Research and the Need for Regulatory Reform 396
  28. 18. Grasping the Nettle: Confronting the Issue of Competing Interests and Obligations in Health Research Policy 427
  29. Conclusion 449
  30. Contributors 457
Just Medicare
This chapter is in the book Just Medicare
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