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

Theodore, Alvin and Simon were found abandoned by a community mailbox, the Vernon BC SPCA said March 1. Now, they’re looking for their forever home. (Facebook)
3 guinea pigs found abandoned near Vernon mailbox

Alvin and the pigs are up for adoption through Vernon’s BC SPCA

<ins>North Okanagan Youth and Family Services Society sponsored the last hockey game played at the Vernon Civic Arena, Jan. 6, 2018, 80 years to the day the facility opened. The BCHL game was between the Vernon Vipers and Prince George Spruce Kings. </ins>The Vipers have made NOYFSS its charity of choice in a new league initiative powered by Shaw Communications. (NOYFSS photo)
Vernon Vipers, BCHL help out local charities

New initiative by Shaw Communications will benefit North Okanagan Youth and Family Services Society

Flowers peeking through the snow in Revelstoke last spring, while COVID-19 began to surge across the world. (Liam Harrap/Revelstoke Review file)
Get Outdoors! And celebrate spring

Seasons are changing and outdoor enthusiasts are ready to soak it in

Jason Haskett and Rachel Williams celebrated one year off the streets in July 2020 thanks to finding a home at My Place in Vernon. (Jennifer Smith - Morning Star)
Supportive housing gives former homeless Vernon couple hope

‘This building has helped us become stable and without it we’d probably still be out in the streets’

The Vernon Public Art Gallery's new Regional Reach program which sends supplies and lessons to classes, has been a hit in the North Okanagan classrooms. (VPAG photo)
Travelling art kit a hit in North Okanagan schools

Art Gallery’s new Regional Reach program delivers art education to the classrooms

Langley resident Carrie MacKay shared a video showing how stairs are a challenge after spending weeks in hospital battling COVID-19 (Special to Langley Advance Times)
VIDEO: Stairs a challenge for B.C. woman who chronicled COVID-19 battle

‘I can now walk for six (to) 10 minutes a day’

Theodore, Alvin and Simon were found abandoned by a community mailbox, the Vernon BC SPCA said March 1. Now, they're looking for their forever home. (Facebook)
3 guinea pigs found abandoned near Vernon mailbox

Alvin and the pigs are up for adoption through Vernon’s BC SPCA

Left: Oakland County Jail. Right: Canuck Todd Bertuzzi on November 2, 2005. (CP/Chuck Stoody)
Former Vancouver Canuck Todd Bertuzzi arrested for suspected DUI: report

The Canadian winger had a complicated history in the NHL

Gary Leck, Facebook
Snow smashes through bedroom wall at Big White

Heavy snow fell from a roof on Monday afternoon crashing through a home

The south coast of B.C. as capture by the Copernicus Sentinel-2 mission. (European Space Agency)
VIDEO: Images of B.C.’s south coast from space released by European Space Agency

The satellite images focus on a variety of the region’s landmarks

A copy of the book “And to Think That I Saw It on Mulberry Street,” by Dr. Seuss, rests in a chair, Monday, March 1, 2021, in Walpole, Mass. Dr. Seuss Enterprises, the business that preserves and protects the author and illustrator’s legacy, announced on his birthday, Tuesday, March 2, 2021, that it would cease publication of several children’s titles including “And to Think That I Saw It on Mulberry Street” and “If I Ran the Zoo,” because of insensitive and racist imagery. (AP Photo/Steven Senne)
6 Dr. Seuss books won’t be published for racist images

Books affected include McElligot’s Pool, On Beyond Zebra!, Scrambled Eggs Super! and The Cat’s Quizzer

FILE – Oshawa Generals forward Anthony Cirelli, left, shoots and scores his team’s first goal against Kelowna Rockets goalie Jackson Whistle during second period action at the Memorial Cup final in Quebec City on Sunday, May 31, 2015. THE CANADIAN PRESS/Jacques Boissinot
B.C. government approves plan in principle to allow WHL to resume in the province

League includes Kamloops Blazers, Kelowna Rockets, Prince George Cougars, Vancouver Giants, Victoria Royals

Most Read