Healthcare. (Pixabay)

Decade-long health care battle draws to a close today in B.C.

Dr. Brian Day began his battle a decade ago against the B.C. government

A constitutional challenge by a doctor who argues patients should have the right to pay for private care if the public system leaves them waiting too long is expected to wrap up today in a Vancouver courtroom.

Dr. Brian Day began his battle a decade ago against the British Columbia government.

The case started in B.C. Supreme Court in 2016 and final arguments are scheduled to come to a close today.

Day is an orthopedic surgeon who legally opened the Cambie Surgery Centre in Vancouver in 1996.

He says he opened the centre to create more operating-room time for surgeons who couldn’t get it in public hospitals.

However, the facility has been operating since 2003 in violation of unproclaimed provisions of the provincial Medicare Protection Act.

Joe Arvay told the court on Thursday that Day’s main objective is to cherry pick parts of the Medicare Protection Act after it is abolished. The act requires doctors to opt out of billing the government for work in the public system if they are also earning more money in private clinics.

READ MORE: Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Arvay said a victory for Day would usher in a complicated and expensive administrative regime dependent on public funds for the benefit of physicians wishing to expand private services that would not be regulated by the government.

“The plaintiffs are not seeking to opt out of the public system in its entirety,” Arvay said. “Even in the private market they wish to establish, they would continue to benefit from society’s investment in health-care professionals and public funding of the entire health-care infrastructure.”

Arvay said doctors employed in the public system are known to refer patients to themselves in private clinics where they also work in order to bypass wait times that apply to everyone who can’t afford to pay out of pocket or through private insurance.

He said physicians are paid more money in the private system than they earn in hospitals so they stand to financially benefit twice from such a scheme.

Arvay represents an intervener group that includes two physicians, Canadian Doctors for Medicare, the BC Health Coalition and two patients.

Day maintains that patients who have waited too long for an operation or diagnostic tests in the public system are deprived of timely care and should have a right to private treatment under the Charter of Rights and Freedoms.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Health

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Water fights and food trucks: Kitimat residents celebrate Canada Day with sun and smiles

Celebrations still brought smiles and laughs, even if the day was a little different than usual

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

“A top event in the wildlife of the world”: bird never before recorded in Canada spotted in Kitimat

A bird native to Asia was spotted at Minette Bay recently, bringing in birders from all over B.C.

LNG janitors join UNITE HERE Local 40 Union

The vote was unanimous and the janitors will look to begin contract negotiations going forward.

A list of charge rates or Crown referrals from police oversight bodies across Canada

Here are the rates of charges or referrals to the Crown from their most recent annual reports or online data

Man who rammed gate near Trudeau residence with truck faces multiple charges

The man, who police have not yet officially identified, will be charged with multiple offences

All community COVID-19 outbreaks declared over in B.C.

Abbotsford manufacturer cleared by Dr. Bonnie Henry

Kelowna RCMP commander calls for more nurses during wellness checks after complaint

Southeast District Commander wants to increase Police and Crisis Team program

‘Tarantula moth’ spotted in broad daylight on Vancouver Island

Polyphemus moths are one of the largest insects in B.C.

B.C. First Nations vow to keep fighting after Trans Mountain pipeline appeal denied

Squamish Nation, Tsleil-Waututh Nation and Coldwater Indian Band made the application

‘Queue jumpers’ not welcome in B.C. as COVID-19 U.S. cases rise: Horgan

Premier Horgan said he’s heard concerns that Americans have stopped at Vancouver hotels instead of heading to their destination

US officer resigns after photos, connected to death of black man in 2019, surface

Elijah McClain died, last summer, after police placed him in a chokehold

Most Read