(File photo)

(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

Seafest is underway with a sunfest theme from June 11 to 13 in Prince Rupert. Alex Hoogendorn vice president of Prince Rupert Special Events is creating sunny times making feature for the decorating contest with his son Caleb Hoogendorn on June 4. (K-J Millar/The Northern View)
Seafest 44 plans a sunfest June 11 to 13 in Prince Rupert

All events in festival are COVID-19 safe, social distancing and health protocols approved by N.H.A.

Relay for Life will be held virtually on June 12. Donations and registered teams are decreased in numbers this year, but there is still time to register. Cancer survivors, Isaac Mastroianni and his dad Mark Mastroianni, wear their Canadian Cancer Society Relay for Life survivors shirts. (Photo: K-J Millar/The Northern View)
A lifeline for many, Relay for Life now needs community support

Prince Rupert is one of just four cities in B.C. with teams registered the June 12 event

Coho is one of many fish species that will benefit from a project to assess fish passage in the Falls River Watershed and offer options for improved connectivity and habitat restoration. The project will be delivered with funding from the Fish and Wildlife Compensation Program announced on June 8. (Photo: supplied by FWCP, istock, M.Haring)
More than $2.1 million for Northcoast fish and wildlife projects

Falls River Watershed SE of Prince Rupert to have fish passage and habitat study

Taylor Bachrach, NDP MP for Skeena-Bulkley Valley addresses Parliament on June 7, in call for the federal government to stop fighting Indigenous children in court and to implement the Truth and Reconciliation Commission’s Call to Action. (Image: supplied from Facebook)
NDP motion calling for immediate reconciliation action passes

Skeena-Bulkley MP Taylor Bachrach addresses federal Parliament

Salmon Arm ICBC Service centre. Lachlan Labere/ Salmon Arm Observer
Backlog: New drivers travel from as far as Prince Rupert for road test in Salmon Arm

Salmon Arm man unable to get his road test until late November in Kelowna

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Most Read