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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A sign indicating a COVID-19 testing site is displayed inside a parking garage in West Nyack, N.Y., Monday, Nov. 30, 2020. The site was only open to students and staff of Rockland County schools in an effort to test enough people to keep the schools open for in-person learning. (AP Photo/Seth Wenig)
4 more deaths, 54 new cases of COVID-19 in Interior Health

This brings the total to 66 deaths in the region

11 more cases of COVID-19 have been linked to a cluster on Big White Mountain. Pictured above is TELUS park at Big White Ski Resort, Jan. 26. (Big White Ski Resort)
11 more cases of COVID-19 linked to Big White cluster

This brings the total case count to 225, according to health authorities in a Tuesday update

Okanagan Clinical Trials is looking at gut bacteria as a way of slowing down the development of Alzheimer’s. (Alzheimer Society of B.C. photo)
Okanagan study looking for volunteers of people diagnosed with Alzheimer’s

The study is looking at how gut bacteria may help slow the disease

Kevin Lee Barrett pleaded guilty to the aggravated assault of his mother Eleanor Holmes on Tuesday, Jan. 26. (File)
UPDATE: West Kelowna man who beat his mom could be sentenced up to 9 years

Kevin Barrett entered a surprise guilty plea to the lesser charge of aggravated assault on Tuesday morning

A bus at downtown Kelowna’s Queensway Transit Exchange. (Michael Rodriguez - Capital News)
Kelowna transit system poised for recovery: transit manager

2021 numbers already show ridership levels at or higher than the projected recovery

Dr. Penny Ballem, a former deputy health minister, discusses her role in leading B.C.’s COVID-19 vaccination program, at the B.C. legislature, Jan. 22, 2021. (B.C. government)
B.C. holds steady with 407 new COVID-19 cases Tuesday

14 deaths, no new outbreaks in the health care system

A Cessna 170 airplane similar to the one pictured above is reported to be missing off the waters between Victoria and Washington State. Twitter photo/USCG
Canadian, American rescue crews searching for missing aircraft in waters near Victoria

The search is centered around the waters northeast of Port Angeles

Interior Health reported two more COVID-19 deaths at Sunnybank Retirement Center in Oliver Tuesday, Jan. 26, 2021. (File photo)
COVID-19 claims lives of two more South Okanagan care home residents

Five residents of the Oliver care home have died since the outbreak was first declared

Vernon now has an approved 13 cannabis shops in town. (Jennifer Smith - Morning Star)
Vernon, the ‘Pot capital of B.C.’ greenlights two new stores downtown

Two more shops, within 240 metres, approved, despite neighbouring businesses opposition

Jonathon Muzychka and Dean Reber are wanted on Canada-wide warrants. (Courtesy of Victoria Police Department)
Convicted killer, robber at large after failing to return to facility: Victoria police

Dean Reber, 60, and Jonathon Muzychka, 43, may be together

Oliver Elementary School
Former Oliver PAC treasurer charged with fraud returns to court

Belinda Yorke will be in court to fix a date for trial in February

Two fibreglass bees were stolen from Vernon’s Planet Bee Honey Farm Nov. 22, 2020. (Facebook)
Stolen bee returned to Vernon honey farm

Two months after thieves buzzed off with two bee sculptures, public tips led police one of them

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Premier John Horgan listens during a postelection news conference in Vancouver on Sunday, Oct. 25, 2020. THE CANADIAN PRESS/Darryl Dyck
30% of B.C. recovery benefit applications held up in manual review

The province says 150 staff have been reassigned to help with manually reviewing applications

Most Read