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

PQB crime report: Thieves pilfer fuel from vehicles

Oceanside RCMP receive 229 complaints in one-week period

Nanaimo, Royal Jubilee to be Vancouver Island’s COVID-19 frontline hospitals

Other Island hospitals will be admitting COVID-19 patients and will be used in a support role

COVID-19: Parksville bylaw officers to enforce provincial health orders

Residents will be reminded to social distance and stay off playgrounds

Petition against development of wetlands area in Qualicum Beach garners nearly 2,000 signatures

Preservation society: ’We believe this is a violation of the town’s bylaws’

COVID-19: B.C. reports 4 deaths, 25 new cases but only in Vancouver Coastal, Fraser Health

A total of 1,291 people have tested positive for the novel coronavirus

Comox spring training cancelled for Snowbirds next month

The team announced that due to ongoing travel restrictions they will not be training in the Valley

Easter Bunny not a COVID-19 carrier, allowed to do drop offs

World Health Organization grants permission to Bunny as he cannot transfer the virus

Some Cowichan schools to reopen for children of essential-services workers

Cowichan Valley will open 8 elementary schools this week

RCMP call on kids to name latest foal recruits

The baby horses names are to start with the letter ‘S’

Physiotherapists turn to technology to reach patients during COVID-19

Just because services, jobs, and socializing have been put on hold, it… Continue reading

As Canadians return home amid pandemic, border crossings dip to just 5% of usual traffic

Non-commercial land crossing dipped by 95%, air travel dropped by 96 per cent, according to the CBSA

COVID-19 PQB business update: looking for takeout food?

Email messages to editor@pqbnews.com

Mid-Island Panago locations offer free pizza to first responders

First responder can get free pizza at Panago in Parksville, Nanaimo, Ladysmith, Duncan, and Mill Bay

Most Read