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

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

Interior Health reported 91 new COVID-19 cases in the region Jan. 20, 2021 and three additional deaths. (Jennifer Smith - Morning Star)
95 new COVID-19 cases in Interior Health, two deaths

Another member of Vernon’s Noric House has passed

A specialized RCMP team is investigating a suspicious trailer, which might have connections to the illicit drug trade, found abandoned outside a Cache Creek motel. (Photo credit: <em>Journal</em> files)
RCMP investigating suspicious trailer found abandoned in Cache Creek

Hazardous materials believed to be consistent with the production of illicit drugs were found

The trustees of the Spences Bridge Improvement District argue that one reason the EV charging station (l) should be moved is because it could compromise emergency response from the nearby fire hall. (Photo credit: Barbara Roden)
Time is running out for Spences Bridge EV charging station

Lease for the site runs out at the end of January and no new agreement has been reached

Areas in blue show properties in Cache Creek zoned C1, which the village’s Cannabis Regulatory Framework proposes as properties where retail cannabis stores could be sited. The area outlined with a dotted orange line shows a 200 metre buffer zone around Cache Creek Elementary School, within which no retail cannabis establishments could operate. (Photo credit: Village of Cache Creek)
Cache Creek council gets more input on cannabis regulations

Council considers options to regulate retail cannabis sales and production within the village

Thursday, Jan. 28, 2021 is International Lego Day. (Jenna Hauck/ Chilliwack Progress)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 24 to 30

Lego Day, Talk Like a Grizzled Prospector Day and Puzzle Day are all coming up this week

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Economic Development and Official Languages Minister Melanie Joly responds to a question in the House of Commons Monday November 23, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Federal minister touts need for new B.C. economic development agency

Last December’s federal economic update promised a stimulus package of about $100 billion this year

FILE - In this Nov. 20, 2017, file photo, Larry King attends the 45th International Emmy Awards at the New York Hilton, in New York. Former CNN talk show host King has been hospitalized with COVID-19 for more than a week, the news channel reported Saturday, Jan. 2, 2021. CNN reported the 87-year-old King contracted the coronavirus and was undergoing treatment at Cedars-Sinai Medical Center in Los Angeles. (Photo by Andy Kropa/Invision/AP, File)
Larry King, broadcasting giant for half-century, dies at 87

King conducted an estimated 50,000 on-air interviews

BC Coroners Service is currently investigating a death at Canoe Cove Marina and Boatyard in North Saanich. (Black Press Media File)
Drowning death in North Saanich likely B.C.’s first in for 2021

Investigation into suspected drowning Monday night continues

Kimberly Proctor, 18, was murdered in 2010. Her family has spent many of the years since pushing for a law in her honour, that they say would help to prevent similar tragedies. (Courtesy of Jo-Anne Landolt)
Proposed law honouring murdered B.C. teen at a standstill, lacks government support

Ministry of Mental Health and Addictions has concerns with involuntary detainment portion of act

Sunnybank in Oliver. (Google Maps)
Sunnybank long-term care in Oliver reports third COVID-19 death

The facility currently has an outbreak with 35 cases attached to it

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Most Read