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

Students at Lavington Elementary crammed a car full of non-perishables for those in the community facing food insecurity. Spearheaded by teacher January Peebles (left), the donations were picked up by Give LUCK founder Myrika Godard, who works to connect donors with donees in the North Okanagan. (Give LUCK photo)
Vernon North Okanagan RCMP are looking for the next of kin after a member of the public reported finding cremated human remains off the BX Falls trail on Oct. 15, 2020. (RCMP)
Cremated human remains found off Vernon hiking trail

RCMP seek to find next of kin, release photo to public to help ID

Vernon’s Terry Konopada changed his life after a mild heart attack and re-entered the employment world courtesy of help and support from WorkBC. (Photo submitted)
Terry of All Trades: Vernon man finds the right fit

After some health issues, Terry Konopada turned his life around with help and support from WorkBC

(SilverStar Mountain Resort/Facebook)
Pandemic parking plan at SilverStar irks season pass holders

Unlimited season pass holders limited to days they can reserve parking; resort defends COVID-19 plan

santa.
Morning Start: Santa Claus has an official pilot’s license

Your morning start for Wednesday, Dec. 2, 2020

A tongue-in-cheek message about wearing a face mask to curb the spread of COVID-19 on a sign outside a church near Royal Columbia Hospital, in New Westminster, B.C., on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C.’s COVID-19 infection count climbs back up to 656

20 more people in hospital, active cases still rising

(Needpix.com)
Fraudsters projected to use pet scams to gouge over $3M from customers: BBB

The pandemic heavily contributed to the number of puppy scams

A happy, well-fed bear cub plays in the grass in northern B.C. (John Marriott photo)
Bear witness: Shuswap’s John Marriott offers intimate look at black, polar and grizzly bears

Sarah Elmeligi and Marriott’s What Bears Teach Us explores bear/human co-existence

Send your letter to the editor via email to news@summerlandreview.com. Please included your first and last name, address, and phone number.
LETTER: Wear a mask for the benefit of all

If this virus latches onto one of your cells, it takes over the RNA and DNA and makes you sick

A teacher places the finishing touches on the welcome sign at Hunter’s Glen Junior Public School which is part of the Toronto District School Board (TDSB) during the COVID-19 pandemic in Scarborough, Ont., on Sept. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Hindsight 2020: How do you preserve a year many Canadians would rather forget?

Figuring out how to preserve the story of the pandemic poses a series of challenges

Haley Callison. (Facebook photo)
Former B.C. pro hockey player frustrated with COVID-deniers after horrific bout with virus

Haleigh Callison hopes people will follow precautions and tone down the rhetoric

A man stands in the window of an upper floor condo in Vancouver on March 24, 2020. THE CANADIAN PRESS/Darryl Dyck
Change made to insurance for B.C. condo owners amid rising premiums

Council CEO Janet Sinclair says the change will mean less price volatility

The Walking Curriculum gets students outside and connecting with nature. (Amanda Peterson/Special to S.F. Examiner)
‘Walking Curriculum’ crafted by SFU professor surges in popularity

The outdoor curriculum encourages students to connect with the natural world

Brent Ross poses with his dog Jack who died over the weekend after asphyxiating on a ball. Ross hopes his experience serves as a cautionary tale to other dog owners. (Contributed)
Salmon Arm man warns others after dog dies from choking on a ball

Brent Ross grieving the sudden loss of Jack, a healthy, seven-year-old chocolate lab

Most Read