Top court’s refusal to hear private healthcare ban appeal ‘unfathomable,’ B.C. doctor says | 24CA News

Health
Published 06.04.2023
Top court’s refusal to hear private healthcare ban appeal ‘unfathomable,’ B.C. doctor says  | 24CA News

The head of a non-public surgical clinic in Vancouver has come out swinging in opposition to the Supreme Court of Canada for its refusal to listen to an enchantment of British Columbia’s ban on personal surgical protection.

“Every Canadian knows our health system is in a crisis,” Dr. Brian Day, CEO of the Cambie Surgery Centre, advised Global News in an interview Thursday.

“As a result of the supreme court’s failure to even consider the rights of Canadians waiting on wait-lists, this means that Canadians such as the patient plaintiffs in our cases suffered such outcomes as permanent paralysis and death as they waited for care and justice.”

Read extra:

Supreme Court of Canada gained’t hear enchantment involving personal well being care. Why?

Canada’s high court docket Thursday confirmed it could not hear an enchantment within the case, which has wound its approach by way of the courts for 13 years.

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Day, an orthopedic surgeon who opened the Cambie Surgery Centre in 1996, argued sufferers ought to have the suitable to pay for personal care if waits within the public system are too lengthy, doubtlessly worsening their well being outcomes.


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Code Blue: Does Canada want a parallel personal health-care system?


The B.C. Supreme Court and B.C. Court of Appeal have beforehand upheld B.C.’s Medicare Protection Act, which bans extra-billing and the usage of personal insurance coverage to cowl medically crucial procedures.

The Supreme Court of Canada doesn’t launch causes for declining to listen to appeals, and solely granted depart to enchantment for seven per cent of instances that utilized final 12 months.

Day mentioned it was “unfathomable” that the court docket declined to listen to his case, contemplating its 2005 ruling that overturned a ban on personal protection for personal insurance coverage in some instances in Quebec.

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Read extra:

B.C.’s high court docket upholds dismissal of personal well being care problem

The court docket in that case discovered that Quebec’s ban violated that province’s personal Charter of Rights and Freedoms, however didn’t rule on whether or not it violated Canada’s Charter of Rights and Freedoms.

“The wealthy don’t have to worry because they can go down to the Mayo Clinic or the Cleveland Clinic in the States and get treated,” he mentioned.

“It’s the ordinary Canadians in Canada that are denied access to insurance of the type that most Canadians have through their employment.”

In the preliminary ruling on the B.C. Supreme Court, trial choose Justice John Steeves discovered that whereas lengthy wait-lists could improve threat to some sufferers, the provisions have been affordable within the context of the general objective of sustaining a system that gives entry to care primarily based on want, not the flexibility to pay.


Click to play video: 'B.C.’s top court dismisses private health care challenge launched by Dr. Brian Day'

B.C.’s high court docket dismisses personal well being care problem launched by Dr. Brian Day


“I think you can probably tell I am delighted,” B.C. Health Minister Adrian Dix mentioned Thursday.

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“The decision by the Supreme Court ends the matter. I just want to say it is an exceptional victory for public health care in B.C., for the people in B.C., for the Medicare Protection Act, for our public health-care system. It supports public health care and has us do what we need to do, which is provide continuously better service under the public system and that’s exactly what we are going to do.”

In a press release earlier Thursday, Dix mentioned the province was shifting to chop wait instances within the province, regardless of the results of the COVID-19 pandemic.

The assertion mentioned 99 per cent of B.C. sufferers who noticed procedures postponed throughout the pandemic have now had their surgical procedures, and that the province at present ranks first in Canada for the proportion of sufferers assembly scientific benchmarks for cataract surgical procedures, and second for hip and knee replacements.

Read extra:

B.C. Supreme Court guidelines in opposition to personal healthcare in landmark case

With authorized choices to problem the personal care ban now exhausted, Day argued the difficulty was now a political fairly than judicial one.

“The public has to start speaking out,” he mentioned.

“With an aging population, and Canada has a large percentage of baby boomers who are going to impact this system greatly in the future, if there’s not going to be a legal solution there needs to be a political solution, and our politicians have to bite the bullet.”

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— with information from The Canadian Press

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