(File photo)

Private clinics win injunction against B.C. law that banned them

Cambie Surgery Centre launched constitutional challenge nearly 10 years ago on private health care

Private clinics embroiled in a decade-long legal battle against the B.C. government have scored a victory, after a judge ordered an injunction against provisions in a law banning private billing for medically necessary care.

B.C. Supreme Court Justice Janet Winteringham says in a written ruling released Friday that the constitutionality of the provisions must be determined at an ongoing trial. The decision means the government can’t enforce the provisions until June or pending another court order.

“The plaintiffs have established that there is a serious question to be tried in that … some patients will suffer serious physical and/or psychological harm while waiting for health services (and) some physicians will not provide private-pay medically necessary health services after the (provisions) take effect,” the ruling says.

The Cambie Surgery Centre, another private clinic and several patients launched a constitutional challenge nearly 10 years ago arguing the province doesn’t provide timely medical services, yet residents are prohibited from accessing private health care.

The trial has dragged on for years and Winteringham says in her ruling that she expects it to wrap in April.

READ MORE: B.C. health ministry moves to bar extra billing

Health Minister Adrian Dix announced this spring that starting in October, his government would begin enforcing provisions in the Medicare Protection Act that were first passed by the B.C. Liberals in 2003 but had never been enforced.

The provisions meant that doctors who charged patients for medically necessary procedures would face initial fines of $10,000.

Plaintiffs in the court case swiftly filed an application for an injunction and Winteringham ruled in their favour.

Dix told reporters on Friday that he was disappointed with the ruling.

“It takes away our ability to do what we’re obligated to do and we need to do, which is enforce the law,” he said.

“That said, the court case involved has been going on for 10 years and I’m a very patient person about court cases. I’m quite impatient, though, about improving patient care in B.C. That’s why we’ve proceeded so vigorously to take actions in increasing public surgeries, to reduce public wait times in the public health-care system.”

Health Canada fined the B.C. government $16 million because of illegal extra billing, so the “failure” of the previous government to enforce the act has cost taxpayers, he said. That amount of money could have paid for 55,000 MRIs, he added.

The Canada Health Act prevents private billing for medically necessary health services and continues to be enforced, Dix added.

Dr. Brian Day of the Cambie Surgery Centre could not immediately be reached for comment.

Day has said that his clinic, along with the province’s 56 private surgical facilities and 17 others that provide MRIs, helps to keep waiting lists down in the public system.

He warned in April after Dix announced he would enforce Medical Care Act provisions that the move might force private clinics to close.

“The government is in court denying that wait lists are a problem and denying there’s any harm from wait lists,” he said.

Laura Kane, The Canadian Press

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

Just Posted

AlleyCATS Okanagan: Pet of the week

Add a little Spritz and Cider to your summer

Kelowna’s COVID-19 cluster jumps to 13 cases

Several areas of the city were exposed to the virus

Air Canada’s non-stop Kelowna to Toronto flights set to resume August 2

Air Canada halted much of its non-stop routes in March due to COVID-19

Rare comet NEOWISE and aurora lights captured in Okanagan

The image was captured over Big Horn Lake near Kelowna with a Pixel 4XL android phone

‘We know people are going to come to Kelowna’: Basran addresses COVID-19 cluster

The mayor said people need to continue following the advice of the medical health officer, Dr. Bonnie Henry

Recent surge in COVID-19 cases not unexpected amid Phase Three of reopening: B.C.’s top doc

Keep circles small, wear masks and be aware of symptoms, Dr. Bonnie Henry says

‘Resistance’ from Interior Health puts races in Penticton on hold

It’s unknown if races planned for this weekend at the Penticton Speedway will take place

Fundraiser kick-started for Vernon woman battling tongue cancer

Woman’s four-year-old twins are the driving force behind her fight

B.C. NDP changing WorkSafeBC regulations to respond to COVID-19

Employers say reclassifying coronavirus could be ‘ruinous’

Oliver Town Hall reopens to public as COVID-19 test comes back negative

Town Hall was closed briefly as a staff member showed multiple COVID-19 symptoms

Lake Country beachgoers reminded to maintain distance amid COVID-19

Signage, park rangers, park patrol students in place to monitor busy beaches in Central Okanagan

RCMP to investigate hate-motivated vandalism in Summerland

Swastikas and other graffiti spray painted on house and at bandshell

Statistical flaws led to B.C. wolf cull which didn’t save endangered caribou as estimated

Study finds statistical flaws in an influential 2019 report supporting a wolf cull

Baby raccoon rescued from 10-foot deep drainage pipe on Vancouver Island

‘Its cries were loud, pitiful and heartbreaking,’ Saanich animal control officer says

Most Read