A court case which began today could eventually threaten the entire Canada Health Act and the country’s public health care system which provides care to one and all, without regard to their financial status.

A court case which began today in British Columbia could eventually threaten the entire Canada Health Act and the country’s public health care system which provides care to one and all, without regard to their financial status.
Photo Credit: Shutterstock/John Panella

Major case: Canada’s public health care system on trial

Dr. Brian Day, Medical Director of the Cambie Surgery Centre, is challenging B.C.’s ban on the purchase of private insurance for medically necessary services already covered by the public system.
Dr. Brian Day, Medical Director of the Cambie Surgery Centre, is challenging B.C.’s ban on the purchase of private insurance for medically necessary services already covered by the public system. © Darryl Dyck/The Canadian Press)

It is a lawsuit that has the potential to completely change, and possibly bring an end to what is considered a pillar of Canadian society, our public health care system.

Critics say the case brought by Dr Brian Day threatens the entire structure of Canada’s public health care system, one that for the most part provides equal care for rich or poor.

Dr Day who operates a private health care clinic in Vancouver, British Columbia says patients who have the money and who want faster access to medical procedures should be allowed to pay for it at clinics like his.

He also says he should be able to charge those patients above and beyond rates established and covered by provincial health care.

BC Health Coalition, and Dr. Rupinder Brar, Canadian Doctors for Medicare.
Adam Lynes-Ford BC Health Coalition,(left) and Dr. Rupinder Brar, Canadian Doctors for Medicare. © sohc.ca

I reached Adam Lynes-Ford on the steps of the BC Supreme Court this morning. He is a campaigner with the British Columbia Health Coalition which has intervenor status in the case.

He begins with some background to the case

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Colleen Flood (LLM SJD) is Director of the Centre for Health Law, Policy and Ethics at the University of Ottawa
Colleen Flood (LLM SJD) is Director of the Centre for Health Law, Policy and Ethics at the University of Ottawa ©  U Ottawa

To get to the legal aspect of this case I also spoke to Colleen Flood (LLM. SJD). She is the Director of the University of Ottawa Centre for  Health Law, Policy, and Ethics.

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It is expected that whichever side loses, Dr Day, or the BC government, it will appeal. The case would then go to the provincial appeals court, and likely the losing side would then appeal further to the Supreme Court of Canada.

The current case is expected to last until December.

Additional information- sources

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