Dr. Brian Day, Medical Director of the Cambie Surgery Centre, sits for a photograph at his office in Vancouver on Aug. 31, 2016. A lawsuit that begins today in B.C. Supreme Court in Vancouver has the potential to fundamentally change the way Canadians access health care. Day, who operates a private surgical centre in Vancouver, is challenging B.C.’s ban on Canadians buying private insurance for medically necessary services already covered by medicare. (THE CANADIAN PRESS/Darryl Dyck)

Dr. Brian Day, Medical Director of the Cambie Surgery Centre, sits for a photograph at his office in Vancouver on Aug. 31, 2016. A lawsuit that begins today in B.C. Supreme Court in Vancouver has the potential to fundamentally change the way Canadians access health care. Day, who operates a private surgical centre in Vancouver, is challenging B.C.’s ban on Canadians buying private insurance for medically necessary services already covered by medicare. (THE CANADIAN PRESS/Darryl Dyck)

B.C. Supreme Court rules against private healthcare centre, sides with province

Case was between Cambie Surgery Centre and the province

The B.C. Supreme Court has ruled against legalizing private health care in a landmark ruling released Thursday (Sept. 10).

After a trial between the province and the Cambie Surgical Corporation that spanned nearly four years, Justice John Steeves ruled against founder Dr. Brian Day’s assertion that patients should be able to pay to access private surgery and tests sooner if they deem the public system wait times to be too long.

The 880-page decision did note that too-long wait times can harm patients with deteriorating conditions.

“Specifically, some of these patients will experience prolonging and exacerbation of pain and diminished functionality as well as increased risk of not gaining full benefit from surgery,” Steeves wrote.

Day, an orthopedic surgeon, has hinged his decade-long legal battle on arguments around patients having a right to pay for services if wait times in the public system are too long. He operates the Specialist Referral Clinic, which refers patients to the Cambie Surgery Centre, a multi-specialty surgical and diagnostic facility, containing six operating rooms, recovery beds and overnight stay rooms. The centre is considered to operate at standards equivalent to a major public hospital in B.C.

He had maintained that four plaintiff patients have been deprived of life, liberty and security under the Charter of Rights and Freedoms after suffering harms from waiting for surgery in the public system before they sought care at his clinic.

The plaintiffs in the case did not claim that a two-tier system would shorten wait times in the public system. The plaintiffs instead used sections seven and 15 of the Charter of Rights and Freedoms to assert that B.C. cannot maintain a monopoly over medical services if it cannot guarantee timely care.

Day first opened the clinic in 1996, stating that his motivation was not profit but rather to provide surgeons and patients with more operating hours.

However, the facility has been operating since 2003 in violation of the provincial Medicare Protection Act.

In 2018, the province announced it would start to fine doctors $10,000 for a first offence if the charged patients for procedures and services that were available under the public system. However, Day received an injunction from the B.C. Supreme Court to pause fines until his case was dealt with.

Shortly after the ruling came down, Health Minister Adrian Dix said he was “extremely pleased” with the judgement.

“It’s fair to say… that this ruling emphasized the strength and importance of public healthcare as a cornerstone of our identity in British Columbia,” he said.

“Access to necessary medical care is based on need and not on an individual’s ability to pay.”

Dix said the province would review the decision before taking action, saying they don’t have a date set out to begin enforcing the Medicare Protection Act.

He did acknowledge that there is a role for private clinics in the province’s duty to provide health care, but noted those centres are contracted exclusively for day surgeries.

Black Press Media has reached out to the Cambie Surgery Centre for comment.

READ MORE: B.C. health care battle in judge’s hands but expected to land in Canada’s top court

More to come.

– with files from The Canadian Press


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

BC Supreme CourtHealthcare

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

Just Posted

Lakeland Flowers officially opened on April 14 and the U-pick flower farm has been attracting a lot of attention online. (Ben Lypka/Abbotsford News)
Abbotsford’s Lakeland Flowers blooming for spring

U-pick tulip flower farm generating significant buzz online after opening this month

The charitable organization Mamas for Mamas is hoping to expand its services in Abbotsford. (Photo by Ratna Fitry from Pixabay)
National charity Mamas for Mamas looks to expand services in Abbotsford

Organization supports moms and caregivers facing struggles

B.C. Finance Minister Selina Robinson outlines the province’s three-year budget in Victoria, April 20, 2021. (B.C. government video)
B.C. deficit to grow by $19 billion for COVID-19 recovery spending

Pandemic-year deficit $5 billion lower than forecast

A recent virtual gala raised $150,000 for Abbotsford Hospice Society and its Holmberg House. (Abbotsford Hospice Society photo)
Abbotsford Hospice’s Light Up the Night gala raises almost $150K

Virtual event included pre-show drive-thru pickup of farm-fresh meals

Matthew Balogh was last seen in Abbotsford on Sunday, April 18 at 10 a.m.
Police seek help in locating missing 17-year-old in Abbotsford

Matthew Balogh was last seen at 10 a.m. on Sunday, April 18

A lone traveler enters the Calgary Airport in Calgary, Alta., Monday, Feb. 22, 2021. THE CANADIAN PRESS/Jeff McIntosh
VIDEO: Trudeau defends Canada’s travel restrictions as effective but open to doing more

Trudeau said quarantine hotels for international air travellers will continue until at least May 21

In this image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin’s trial for the 2020 death of George Floyd, Tuesday, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn. THE CANADIAN PRESS/Court TV via AP, Pool
George Floyd’s death was ‘wake-up call’ about systemic racism: Trudeau

Derek Chauvin was found guilty Tuesday on all three charges against him

Former University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. THE CANADIAN PRESS/Chad Hipolito
Rowing Canada sanctions former head coach of B.C. varsity women’s team

Suspension of Barney Williams would be reversed if he complies with certain terms

A man pauses at a coffin after carrying it during a memorial march to remember victims of overdose deaths in Vancouver. THE CANADIAN PRESS/Darryl Dyck
B.C. announces historic half-billion-dollar funding for overdose crisis, mental health

Of it, $152 million will be used to address the opioid crisis and see the creation of 195 new substance use treatment beds

Children’s backpacks and shoes are seen at a CEFA (Core Education and Fine Arts) Early Learning daycare franchise, in Langley, B.C., on Tuesday May 29, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C. budget to expand $10-a-day child care, but misses the mark on ‘truly universal’ system

$111 million will be used to fund 3,750 new $10-a-day spaces though 75 additional ChildCareBC universal prototype sites over the next three years.

John Wekking, Merritt Road Report - Facebook
 Coquihalla Road Report
Wildfire sparks off Coquihalla in Merritt

The wildfire is located near the Dollarama off of Highway 5

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

Most Read