Health Resource Rationing Policy Reform: Re-thinking the Role of the Courts

  • May 23, 2018

The CBA Health Law Section is pleased to announce that Ben Su is the winner of the Health Law student essay competition for his paper entitled, Health Resource Rationing Policy Reform: Re-thinking the Role of the Courts.

The award was established to promote and reward interest in health law topics in Canadian law schools and to promote participation by law students in the Section. The CBA Health Law Section gratefully acknowledges the support of the competition sponsor, Carbert Waite LLP – Calgary, Alberta.

Ben Su completed his Honours Bachelor of Science degree in Biochemistry from McMaster University in 2015. During his undergraduate studies, Ben completed internships in molecular biology research at the McMaster Immunology Research Centre, where he had participated in the research and development of a next-generation immuno-oncology therapy using live viruses and an early-stage cancer screening technology.

Ben is completing his second year in the Juris Doctor program at the University of Ottawa. During the first year summer, Ben interned at Miller Thomson LLP’s Waterloo office, where he assisted corporate commercial lawyers providing legal services to technology company clients. Ben is currently completing his second year in the Juris Doctor program at the University of Ottawa. Ben hopes to combine his passion for novel technologies and his legal studies to help transform the health care system in becoming more efficient and affordable.

Here is an abstract of the winning paper, Health Resource Rationing Policy Reform: Re-thinking the Role of the Courts.

Facing the challenge of the rising cost of public health, relevant government authorities are forced to make tough decisions on health funding allocation. The issue of the right to access vital health services and medicine is subject to intense public debate in Canada. As seen from lessons offered by Brazil and the United Kingdom, involvement of the courts can greatly impact the sustainability and fairness of the public health system.

This study compares the different judicial approaches adapted by the Brazilian and British courts in access-to-health litigations and their impacts on transforming the public health systems in those two countries. Such comparative analysis could provide the Canadian courts with insight on their potential in transforming Canadian health care into a more sustainable and fair system.

Read the winning essay