05) LEGAL CHALLENGE AGAINST MEDICARE DELAYED SIX MONTHS

 

            A dangerous legal challenge against Canada's universal Medicare system, which had been scheduled to go to trial on Sept. 8 in B.C. Supreme Court, has been put on hold. The judge hearing the case granted a request from the legal team representing the plaintiff, private clinic owner Dr. Brian Day, for a six-month delay of the trial in order to pursue a resolution with the defendant, the government of British Columbia.

 

            As reported in the Sept. 1-15 issue of PV, Day's challenge targets legislation that limits for‑profit delivery of medically necessary services, allegedly because these rules violate the Charter of Rights and Freedoms. In reality, Day's clinic often charges clients more than the cost of procedures carried out under Medicare. It had been expected that an eventual ruling would be appealed up to the Supreme Court of Canada.

 

            A victory for Day would open the gates to a US‑style system, where most residents have to pay for private health insurance through employers. Health Coalitions across Canada have campaigned to push back against health industry privatizers, by demanding that governments put the health of the people ahead of profits.

 

            The BC Health Coalition and Canadian Doctors for Medicare welcomed the possible resolution of the charter challenge.

 

            "We are pleased that Day seems to be finally recognizing the need to abandon a law suit that never had any merit, and was no more than a stalling tactic that has allowed him to flout the basic rules of medicare, rules that virtually all other Canadian doctors respect and comply with," said Rick Turner, BC Health Coalition co-chair. "The case has cost far too much time and taxpayer money already."

 

            Both groups, which have intervener status in the charter challenge, are calling on the BC government to ensure that any resolution of the case protects equitable access to care for patients.

 

            "The request for a resolution is a positive first step but we are quite disappointed that, as of yet, we have not heard Dr. Day make a commitment to actually stop unlawfully billing patients," said Dr. Monika Dutt, chair of Canadian Doctors for Medicare.

 

            "A 2012 BC government audit of Day's Cambie and Specialist Referral clinics revealed that these clinics extra‑billed patients $491,654 in roughly a 30 day period," said Dutt. "Even more outrageous is the fact at the same time, claims appear to have been submitted by the clinic to the Medical Services Plan for services provided to some of these same patients."

 

            The BCHC and CDM argue that the province should insist that Day cease charging patients for services covered by the MSP.

 

            *"I'm hoping to see this case end once and for all," said Turner. "It is a distraction that prevents us from focusing on real solutions to issues like long wait times that will not compromise Canadian values of equitable access to health care based on need not ability to pay and responsible management of public funds."

 

(The above article is from the September 16-30, 2014, issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)