Quebec anglophones have right to health services in English, updated directive says

MONTREAL – Quebec Premier François Legault says his government is prepared to use the notwithstanding clause to force doctors trained in Quebec universities to begin their careers in the province’s public system.

Speaking to reporters at the legislature on Wednesday, the premier said his government is considering requiring medical graduates in Quebec to reimburse the government for the cost of their education unless they practise in the province for an unspecified period.

“It’s too important,” Legault said. “We’re short of doctors. The doctors we train at taxpayers’ expense must practise in Quebec.”

Legault, leader of the Coalition Avenir Québec, acknowledged that such a move may contravene the Charter of Rights and Freedoms, saying he had looked into the issue when he was minister of education for his old political party, the Parti Québécois.

He said he had concluded that the government would have to use the notwithstanding clause to override Section 15 of the Canadian Charter of Rights and Freedoms, which deals with equality rights and discrimination.

The notwithstanding clause is a provision in the Charter that allows federal, provincial and territorial governments to pass laws that override certain Charter rights for up to five years, a period that can be renewed by a vote in the legislature.

The premier’s comments expanded on Health Minister Christian Dubé’s announcement on Sunday that he will table legislation requiring family doctors and specialists to start their careers in Quebec’s public network.

Constitutional lawyer and Université de Montréal instructor Frédéric Bérard says the Legault government’s proposal would violate Canadians’ mobility rights — the right to move to any part of the country to take up residence or make a living — which are guaranteed in Section 6 of the Charter, not Section 15.

The Constitution, however, says the notwithstanding clause cannot be used on Section 6; it can only be used on Section 2, which guarantees fundamental freedoms like conscience and religion, and on Sections 7 through 15.

“If Legault is saying that he wants to invoke the notwithstanding clause, it means that he knows a fundamental right is violated,” said Bérard.

“(Legault) is instrumentalizing the rule of law for political gain.”

The Quebec government estimates that it costs between $435,000 and $790,000 to train a doctor, including during their residency.

On Monday, a spokesperson for Dubé said that 400 of the 2,536 doctors who completed their studies between 2015 and 2017 left the province. Currently, 2,355 doctors trained in Quebec are practising in Ontario, including 1,675 who attended McGill University.

Data from the Canadian Institute for Health Information show that 60 per cent of family doctors who had recently graduated in Quebec were still practising in the province in 2022, while nearly 20 per cent had moved to Ontario.

The government has also said that 775 of Quebec’s 22,479 practising physicians are working exclusively in the private sector, an increase of 70 per cent since 2020, with the trend especially prevalent among new doctors.

This report by The Canadian Press was first published Nov. 6, 2024.

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PHOENIX (AP) — Arizona voters have approved a constitutional amendment guaranteeing abortion access up to fetal viability, typically after 21 weeks — a major win for advocates of the measure in the presidential battleground state who have been seeking to expand access beyond the current 15-week limit.

Arizona was one of nine states with abortion on the ballot. Democrats have centered abortion rights in their campaigns since the U.S. Supreme Court overturned Roe v. Wade in 2022. Abortion-rights supporters prevailed in all seven abortion ballot questions in 2022 and 2023, including in conservative-leaning states.

Arizona for Abortion Access, the coalition leading the state campaign, gathered well over the 383,923 signatures required to put it on the ballot, and the secretary of state’s office verified that enough were valid. The coalition far outpaced the opposition campaign, It Goes Too Far, in fundraising. The opposing campaign argued the measure was too far-reaching and cited its own polling in saying a majority of Arizonans support the 15-week limit. The measure allows post-viability abortions if they are necessary to protect the life or physical or mental health of the mother.

Access to abortion has been a cloudy issue in Arizona. In April, the state Supreme Court cleared the way for the enforcement of a long-dormant 1864 law banning nearly all abortions. The state Legislature swiftly repealed it.

Voters in Arizona are divided on abortion. Maddy Pennell, a junior at Arizona State University, said the possibility of a near-total abortion ban made her “depressed” and strengthened her desire to vote for the abortion ballot measure.

“I feel very strongly about having access to abortion,” she said.

Kyle Lee, an independent Arizona voter, does not support the abortion ballot measure.

“All abortion is pretty much, in my opinion, murder from beginning to end,” Lee said.

The Civil War-era ban also shaped the contours of tight legislative races. State Sen. Shawnna Bolick and state Rep. Matt Gress are among the handful of vulnerable Republican incumbents in competitive districts who crossed party lines to give the repeal vote the final push — a vote that will be tested as both parties vie for control of the narrowly GOP-held state Legislature.

Both of the Phoenix-area lawmakers were rebuked by some of their Republican colleagues for siding with Democrats. Gress made a motion on the House floor to initiate the repeal of the 1864 law. Bolick, explaining her repeal vote to her Senate colleagues, gave a 20-minute floor speech describing her three difficult pregnancies.

While Gress was first elected to his seat in 2022, Bolick is facing voters for the first time. She was appointed by the Maricopa County Board of Supervisors to fill a seat vacancy in 2023. She has not emphasized her role in the repeal vote as she has campaigned, instead playing up traditional conservative issues — one of her signs reads “Bolick Backs the Blue.”

Voters rejected a measure to eliminate retention elections for state Superior Court judges and Supreme Court justices.

The measure was put on the ballot by Republican legislators hoping to protect two conservative justices up for a routine retention vote who favored allowing the Civil War-era ban to be enforced — Shawnna Bolick’s husband, Supreme Court Justice Clint Bolick, and Justice Kathryn Hackett King. Since the measure did not pass, both are still vulnerable to voter ouster, though those races hadn’t been decided by early Wednesday morning.

Under the existing system, voters decide every four to six years whether judges and justices should remain on the bench. The proposed measure would have allowed the judges and justices to stay on the bench without a popular vote unless one is triggered by felony convictions, crimes involving fraud and dishonesty, personal bankruptcy or mortgage foreclosure.

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OMAHA, Neb. (AP) — Nebraska voters supported a measure Tuesday that enshrines the state’s current ban on abortions after the 12th week of pregnancy in the state constitution, and they rejected a competing measure that sought to expand abortion rights. Nebraska was the first state to have competing abortion amendments on the same ballot since the U.S. Supreme Court overturned Roe v. Wade in 2022, ending the nationwide right to abortion and allowing states to decide for themselves. The dueling measures were among a record number of petition-initiated measures on Nebraska’s ballot Tuesday.

What were the competing abortion measures?

A majority of voters supported a measure enshrining the state’s current ban on abortion after the first 12 weeks of pregnancy in the state constitution. The measure will also allow for further restrictions. Last year, the Legislature passed the 12-week ban, which includes exceptions for cases of rape and incest and to protect the life of the pregnant woman.

Voters rejected the other abortion measure. If they had passed it by a larger number of “for” votes than the 12-week measure, it would have amended the constitution to guarantee the right to have an abortion until viability — the standard under Roe that is the point at which a fetus might survive outside the womb. Some babies can survive with medical help after 21 weeks of gestation.

Abortion was on the ballot in several other states, as well. Coming into the election, voters in all seven states that had decided on abortion-related ballot measures since the reversal of Roe had favored abortion rights, including in some conservative states.

Who is behind the Nebraska abortion measures?

The 12-week ban measure was bankrolled by some of Nebraska’s wealthiest people, including Republican Sen. Pete Ricketts, who previously served as governor and donated more than $1.1 million. His mother, Marlene Ricketts, gave $4 million to the cause. Members of the Peed family, which owns publishing company Sandhills Global, also gave $1 million.

The effort was organized under the name Protect Women and Children and was heavily backed by religious organizations, including the Nebraska Catholic Conference, a lobbying group that has organized rallies, phone banks and community townhalls to drum up support for the measure.

The effort to enshrine viability as the standard was called Protect Our Rights Nebraska and had the backing of several medical, advocacy and social justice groups. Planned Parenthood donated nearly $1 million to the cause, with the American Civil Liberties Union, I Be Black Girl, Nebraska Appleseed and the Women’s Fund of Omaha also contributing significantly to the roughly $3.7 million raised by Protect Our Rights.

What other initiatives were on Nebraska’s ballot?

Nebraska voters approved two measures Tuesday that will create a system for the use and manufacture of medical marijuana, if the measures survive an ongoing legal challenge.

The measures legalize the possession and use of medical marijuana, and allow for the manufacture, distribution and delivery of the drug. One would let patients and caregivers possess up to 5 ounces (142 grams) of marijuana if recommended by a doctor. The other would create the Nebraska Medical Cannabis Commission, which would oversee the private groups that would manufacture and dispense the drug.

Those initiatives were challenged over allegations that the petition campaign that put them on the ballot broke election rules. Nebraska’s attorney general said supporters of the measures may have submitted several thousand invalid signatures, and one man has been charged in connection with 164 allegedly fraudulent signatures. That means a judge could still invalidate the measures.

Voters also opted Tuesday to repeal a new conservative-backed law that allocates millions of dollars in taxpayer money to fund private school tuition.

Finally, they approved a measure that will require all Nebraska employers to provide at least 40 hours of paid sick leave to their employees.

The Canadian Press. All rights reserved.