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

Chief Constable Norm Lipinski, Surrey Police Service. (Submitted photo)
Surrey chief constable says ‘comprehensive’ public engagement to be done this year

Norm Lipinski says Surrey Police Service has ‘good momentum’

Dyllan Petrin is charged related to an ongoing investigation in Surrey involving a kidnapping and assault that occurred in July, 2019. (Photo: Surrey RCMP)
Man arrested in connection to kidnapping, murder investigations: Surrey RCMP

Police say Dyllan Petrin was arrested in Vancouver

Surrey-raised forward Jujhar Khaira in action with Edmonton Oilers. (Photo: nhl.com)
Q&A: Surrey’s Jujhar Khaira credits parents for hard work on his path to NHL

Port Kells-raised player talks about his journey to pro hockey with Edmonton Oilers

An example of a Surrey Police cruiser, showcased at Mayor Doug McCallum’s State of the City Address at Civic Hotel in May of 2019. (File photo: Amy Reid)
OUR VIEW: Surrey Police Service continues to draw from RCMP well

Again, it flies in the face of mayor’s election campaign pitch that Surrey needs a police force whose ranks live in this city

A woman writes a message on a memorial mural wall by street artist James “Smokey Devil” Hardy during a memorial to remember victims of illicit drug overdose deaths on International Overdose Awareness Day, in the Downtown Eastside of Vancouver, on Monday, August 31, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. paramedics respond to record-breaking number of overdose calls in 2020

On the front lines, COVID-19 has not only led to more calls, but increased the complexity

Southern resident killer whales in B.C. waters. Research shows the population’s females are more negatively influenced by vessel traffic than males. (Photo supplied by Ocean Wise Conservation Association)
Female orcas less likely to feed in presence of vessel traffic: study

Research the southern resident population raises concerns over reproduction capacity

(Black Press Media files)
Transport Canada not budging on enclosed deck rules, despite calls from BC Ferries union

There have been at least 23 cases of the U.K. variant detected in Canada, four of which are in B.C.

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

The Elk Valley Hospital is adapting to meet the needs of patients in the Elk Valley.
One in five tests in Fernie area coming back positive: doctor

Dr Ron Clark of Elk Valley Hospital said one in five tests was returning positive for COVID-19

Ralliers gather in front of the Cityviews Village apartment building in Maple Ridge to protest attempts to evict low-income tenants by the building owner. (Ronan O’Doherty - The News)
Tenants protest pressure tactics by new landlord at Maple Ridge apartment building

Protest held in front of Cityviews Village on 223 St. Tuesday to rally against low-income evictions

Throughout December, RCMP conducted CounterAttack road checks as police worked to keep roads free of impaired drivers. (BLACK PRESS file photo)
From the “You can’t make this stuff up” file – stories from the BC CounterAttack campaign

Amusing, yes, but a reminder impaired driving affects ability to drive and to make good decisions

Snow is forecasted to appear in parts of Metro Vancouver this weekend. (Black Press Media files)
Snow forecasted for parts of Lower Mainland this weekend

Environment Canada is predicting flurries and snow from Saturday to Monday evening

(Thesendboys/Instagram)
Video of man doing backflip off Vancouver bridge draws police condemnation

Group says in Instagram story that they ‘don’t do it for the clout’

Most Read