Does the Health and Safety Policy have any power of decision regarding dental care?
British Columbia, Canada
The following excerpt is from Strauss v British Columbia (Minister of Public Safety), 2018 BCSC 1414 (CanLII):
In Eshghabadi v. British Columbia, 2011 BCSC 434 at para. 50, the court found that the Policy in its current form was part of the “applicable legislative framework” giving rise to a statutory power of decision regarding an inmate’s dental care. The court held that health care was explicitly addressed in the Policy, and dental care was deemed to be part of health care and thus engaged a statutory power of decision.
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