Acceso usuarios
Karen Busby
Section 36(1)(c) has attracted little judicial or academic attention. I examine the text, context, historic circumstances, judicial determinations, and assertions by Canada in internationalfora respecting this constitutional provision in order to shed light on whether it contains a substantive right or simply expresses an aspiration. I further discuss the concept of "constitutional privity" to clarify whether or not it precludes anyone other than the federal or provincial governments from asserting an alleged breach in litigation. I also address the question of sources for determining the acceptable standards for "essential public services. "Underpinning this examination is the question of whether people living on a First Nation reserve that does not have access to safe drinking water and adequate sanitation could make a claim against the federal government for failing to uphold the 36(1)(c) commitment "to provid[e] essential public services of reasonable quality to all Canadians."I conclude that each of the issues I address supports a 36(1)(c) claim
