(File photo)

Private clinics win injunction against B.C. law that banned them

Cambie Surgery Centre launched constitutional challenge nearly 10 years ago on private health care

Private clinics embroiled in a decade-long legal battle against the B.C. government have scored a victory, after a judge ordered an injunction against provisions in a law banning private billing for medically necessary care.

B.C. Supreme Court Justice Janet Winteringham says in a written ruling released Friday that the constitutionality of the provisions must be determined at an ongoing trial. The decision means the government can’t enforce the provisions until June or pending another court order.

“The plaintiffs have established that there is a serious question to be tried in that … some patients will suffer serious physical and/or psychological harm while waiting for health services (and) some physicians will not provide private-pay medically necessary health services after the (provisions) take effect,” the ruling says.

The Cambie Surgery Centre, another private clinic and several patients launched a constitutional challenge nearly 10 years ago arguing the province doesn’t provide timely medical services, yet residents are prohibited from accessing private health care.

The trial has dragged on for years and Winteringham says in her ruling that she expects it to wrap in April.

READ MORE: B.C. health ministry moves to bar extra billing

Health Minister Adrian Dix announced this spring that starting in October, his government would begin enforcing provisions in the Medicare Protection Act that were first passed by the B.C. Liberals in 2003 but had never been enforced.

The provisions meant that doctors who charged patients for medically necessary procedures would face initial fines of $10,000.

Plaintiffs in the court case swiftly filed an application for an injunction and Winteringham ruled in their favour.

Dix told reporters on Friday that he was disappointed with the ruling.

“It takes away our ability to do what we’re obligated to do and we need to do, which is enforce the law,” he said.

“That said, the court case involved has been going on for 10 years and I’m a very patient person about court cases. I’m quite impatient, though, about improving patient care in B.C. That’s why we’ve proceeded so vigorously to take actions in increasing public surgeries, to reduce public wait times in the public health-care system.”

Health Canada fined the B.C. government $16 million because of illegal extra billing, so the “failure” of the previous government to enforce the act has cost taxpayers, he said. That amount of money could have paid for 55,000 MRIs, he added.

The Canada Health Act prevents private billing for medically necessary health services and continues to be enforced, Dix added.

Dr. Brian Day of the Cambie Surgery Centre could not immediately be reached for comment.

Day has said that his clinic, along with the province’s 56 private surgical facilities and 17 others that provide MRIs, helps to keep waiting lists down in the public system.

He warned in April after Dix announced he would enforce Medical Care Act provisions that the move might force private clinics to close.

“The government is in court denying that wait lists are a problem and denying there’s any harm from wait lists,” he said.

Laura Kane, The Canadian Press

Just Posted

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

Province announces $100-million grant funding for Northwest communities

The Northern Capital and Planning Grant will go to four regional districts and 22 municipalities

LNG Canada sponsors driver’s license training in Terrace, Kitimat

The $80,000 contribution is part of the company’s commitment to hire locally

Prince Rupert Gas Transmission project searches for partners

TransCanada is renewing permits for its natural gas pipeline project to North Coast.

Coastal GasLink stops work to investigate archaeological find

OGC archaeologists are en route to the Houston-area site where Unist’ot’en report finding stone tools

Students give two thumbs up to no more B.C. student loan interest

Eliminating the loan interest charges could save the average graduate $2,300 over 10 years

Ontario man accused of killing 11-year-old daughter dies in hospital, police say

Roopesh Rajkumar had been hospitalized with what police described as a self-inflicted gunshot wound

Manitoba ‘pauses’ link with ex-B.C. premier Gordon Campbell after allegations

Campbell had been hired to review two major hydro projects

Heritage minute features Japanese-Canadian baseball team, internment

The Vancouver Asahi baseball team won various championships across the Pacific Northwest

UPDATE: Woman, off-duty cop in critical condition after stabbing outside B.C. elementary school

The officer was interceding in an alleged assault when he and the woman were stabbed

$10-a-day child care not in 2019 budget, but advocate not irked

Sharon Gregson with the Coalition of Child Care Advocates of B.C. says NDP on track to deliver promise

B.C. Seniors Advocate questions labour shortage in care homes

Are there really no workers, or are care aide wages too low?

B.C. business groups worry about looming economic decline in wake of NDP budget

The party’s second government budget focused on plenty of spending, business advocates say

Missing Surrey snowshoer caught in avalanche found dead on Vancouver mountain

North Shore Rescue resumed its search today after efforts were temporarily halted Tuesday due to snowstorm

Most Read