A doctor prepares for a surgical procedure at a hospital in Washington on June 28, 2016. THE CANADIAN PRESS/AP, Molly Riley

A doctor prepares for a surgical procedure at a hospital in Washington on June 28, 2016. THE CANADIAN PRESS/AP, Molly Riley

B.C. doctors’ corporate profits are key in private-care trial: federal lawyer

Dr. Brian Day believes patients have a right to pay for services if public wait times are too long

Profit for doctors providing surgery in private clinics is at the heart of a trial that threatens to undermine Canada’s universal health-care system and its principles of equity and fairness for all, regardless of whether some patients can afford to jump the public queue, a federal lawyer says.

B.J. Wray, representing the attorney general of Canada, told the B.C. Supreme Court that an orthopedic surgeon’s legal challenge aiming to strike down provisions of the province’s Medicare Protection Act is based on increasing income because doctors enrolled in the public system are prohibited from also charging patients for medically necessary services in private clinics.

She said doctors don’t have to enrol in the Medical Services Plan if they wish to work in the private system, but that is not in their best interest.

“We say that the only conclusion one can draw is that the corporate plaintiffs want the impugned provisions gone so they can implement their preferred business model and increase their bottom line,” Wray said Monday.

Dr. Brian Day opened the Cambie Surgery Centre in 1996 and filed a court action against the British Columbia government in 2009 over sections of the Medicare Protection Act, arguing patients have a constitutional right to pay for services if wait times in the public system are too long.

Wray disagreed, saying an argument based on Sections 7 and 15 of the Charter of Rights and Freedoms does not apply in the case being fought for the benefit of the wealthy at the expense of the vast majority of Canadians.

“The corporate plaintiffs want to make steady money in the public system and then make more money in the privately funded system,” she told Justice John Steeves.

The main issue in the case is not wait times, but whether provisions in the provincial act have caused any of the four patient plaintiffs any harm, Wray said.

“The legal question … does not require your lordship to conduct a forensic account of wait times, or to consider when waiting is reasonable or not or consider what the benchmark for a particular surgery should be. Those are questions that the government may wish to inquire into through a pubic inquiry or some other form,” she said.

“Overall, Canada’s position is that if the plaintiffs are successful the health-care system in British Columbia will be radically altered in favour of the privileged few and the lucky who can afford private care or who can qualify for private insurance,” she said.

“It is not an exaggeration to say that this case is about the future of medicare in Canada.”

Prohibitions of the Medicare Protection Act involving extra billing have not been enforced in British Columbia since the law was introduced in 2003, but Health Minister Adrian Dix said in April 2018 that doctors would face initial fines of $10,000 if they charge for services that are available in public system.

However, the policy did not go into effect in October 2018 as planned because Day successfully sought an injunction from another judge who ordered the government to put the matter on hold until the end of the case, which is expected to proceed to the Supreme Court of Canada no matter what the outcome.

READ MORE: Closing arguments begin in B.C. case launched in 2009 over private health care

Besides the federal and B.C. governments, interveners in the case include the B.C. Anesthesiologists’ Society and Canadian Doctors for Medicare.

Dr. Roland Orfaly, head of the anesthesiologists’ society, told the trial that 308 patients died between 2015 and 2016 in the Fraser Health Authority alone while waiting for surgery.

Orfaly said he did not know the causes of death in the region, which is one of six health-care authorities in British Columbia.

“Regardless of whether or not the pubic or courts support private care the public system is still required by law to ensure reasonable access to surgical care,” Orfaly said in an interview.

He said surgeries are sometimes cancelled because of the shortage of anesthesiologists in B.C., an issue the government acknowledged 15 years ago but didn’t address, unlike other provinces, such as Alberta and Ontario, which have recruited the specialists even to rural communities.

Camille Bains, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Prince Charles Secondary School
School District 8 votes in favour of name change for Secondary School in Creston

In an act of reconciliation, a new name will be chosen for Prince Charles Secondary School

Kootenay-Columbia MP Rob Morrison. Photo courtesy Conservative Party of Canada.
MP Morrison appointed to parliamentary national security committee

Kootenay-Columbia parliamentarian one of five candidates appointed to national security committee

In conjunction with the exhibition, Kimberley Arts at Centre 64 hired local Graffiti artist Jamie Cross to paint a mural that is serving as the backdrop for a public photo booth.
The annual “Artrageous” open art exhibition at Centre 64

Have you stopped in at Centre 64 lately? The gallery has been… Continue reading

The Kimberley Refugee Resettlement Group is active again after a few years off and are working to find a home for Gloria in Kimberley. Photo taken at a KRRG fundraiser several years ago. Bulletin file.
Kimberley Refugee Resettlement Group active once more

KRRG working to find a refugee a safe place to live in Kimberley

The Kimberley Aquatic Centre is set to reopen its doors to the public on July 6, after being shut down due to the pandemic in March, 2020. The Centre will be initially operating with reduced occupancy and limited program offerings. Bulletin file.
Kimberley Aquatic Centre set to re-open July 6

New safety infrastructure, limited guests and programming allow facility to open again

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.’s Indigenous language, art and culture

Advisor says initiative supports the urgent need to preserve Indigenous languages

An artists conception of the new terminal building at the Pitt Meadows Regional Airport.
Air travel taking off in B.C., but lack of traffic controllers a sky-high concern

There will be demand for more air traffic controllers: Miller

Canadian Armed Forces experts are on their way to North Vancouver after a local homeowner expressed worry about a military artifact they recently purchased. (Twitter DNV Fire and Rescue)
Military called in to deal with antique ‘shell’ at North Vancouver home

‘The person somehow purchased a bombshell innocently believing it was an out-of-commission military artifact’

Amy Kobelt and Tony Cruz have set their wedding date for February, hoping that more COVID-19 restrictions will have lifted. (The Macleans)
B.C. couples ‘gambling’ on whether COVID rules will let them dance at their wedding

Amy Kobelt and Tony Cruz pushed back their wedding in hopes of being able to celebrate it without the constraints of COVID-19

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Provincial health officer Dr. Bonnie Henry says re-opening B.C.’s border to the U.S. ‘is not in our best interest’ right now. (B.C. Government photo)
Provincial health officer Dr. Bonnie Henry (B.C. Government photo)
B.C. records 113 new COVID-19 cases Wednesday, 4 deaths

Vaccination of young people rising quickly, near 75 per cent

Most Read