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

Just Posted

Pineridge students learn about Orange Shirt Day

Students and teachers wore orange shirts designed by a SD 52 student to commemorate Sept. 30

Haida hereditary chief is BC Liberal Candidate for North Coast Region

Roy Jones Jr. is named BC Liberal MLA candidate for the North Coast

B.C. salmon farms challenge activists’ demands for site closures

News reporting also unfair, inaccurate and distorted

Swimming in the Street

Chris Street makes a coaching splash at PRASC

Heart of our city – New pastors want to journey along side

Dawn Butt and Geoff Butt are the new Prince Rupert Salvation Army Officers

Orange Shirt Society launches first textbook on residential school history

Phyllis Webstad and Joan Sorley worked on the 156-page book to help educate students

6 puppies rescued in mass seizure on Princeton farm have died of injuries: BC SPCA

Of the 97 distressed horses, cats and dogs seized, most of the puppies suffered from parvo

Action demanded over death of First Nations youth in Abbotsford group home

Family and Indigenous organizations push for thorough investigation

U.S. boater fined $1,000 for violation of Quarantine Act

49-year-old man entered Canada to visit girlfriend in Surrey

More sex abuse charges laid against B.C. man who went by ‘Doctor Ray Gaglardi’

Investigators now focussing efforts on alleged victims within the Glad Tidings Church community

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. VOTES 2020: Businesses now owe $6 billion in deferred tax payments

COVID-19 relief from remittance to province ends with September

VIDEO: Smithers friendship centre launches canoe to mark Orange Shirt Day

Residential School survivor feels honoured by events held to recognize hardships endured

Long-term care study credits fewer COVID deaths in B.C. than Ont. to funding, policy

The study was published Wednesday in the Canadian Medical Association Journal

Most Read