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B.C. Supreme Court has upheld restrictions on public and private practice by doctors and private health insurance, handing a win to the B.C. government.
Vancouver orthopaedic surgeon Brian Day and his Cambie Surgery Centre championed the constitutional challenge against B.C.’s Medicare Protection Act, leading to the Sept. 10 decision after years of court cases.
What Justice John Steeves ruled, however, further validates Canada’s universal public health care system.
B.C. Minister of Health Adrian Dix described that system as “a cornerstone of our identity in B.C., a cornerstone of our identity in all of Canada.”
Day and other plaintiffs asserted the Medicare Protection Act violated their Charter of Rights and Freedom rights regarding equality and life, liberty and security of the person.
The plaintiffs said it’s unconstitutional to prevent patients from accessing private medically necessary healthcare, including private surgeries, when unable to access timely care in the public system.
Steeves said the section targeted in the complaint exists “to preserve and ensure the sustainability of a universal public healthcare system that ensures access to necessary medical care is based on need and not on an individual’s ability to pay.”
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