Dr. Brian Day, Medical Director of the Cambie Surgery Centre, sits for a photograph at his office in Vancouver on Aug. 31, 2016. A lawsuit that begins today in B.C. Supreme Court in Vancouver has the potential to fundamentally change the way Canadians access health care. Day, who operates a private surgical centre in Vancouver, is challenging B.C.’s ban on Canadians buying private insurance for medically necessary services already covered by medicare. (THE CANADIAN PRESS/Darryl Dyck)

Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000

A legal challenge by the owner of a private clinic providing scheduled surgery for affluent patients should be denied because it is based on a flawed constitutional argument, a lawyer for the B.C. government says.

Jonathan Penner said Tuesday that Dr. Brian Day’s bid to have the province strike down provisions of the Medicare Protection Act prohibiting double billing amounts to an “unlawful business model.”

Penner told B.C. Supreme Court Justice John Steeves that Day’s legal team has called the province’s position shocking, adding that’s based on a disregard for patients who can’t afford private care at clinics, such as the Cambie Surgery Centre, opened by Day in 1996.

“In my submission, what truly is shocking, is this complete and utter disregard for the situation of anyone who is not in a position to come up with the funds to pay them to provide rapid surgical services,” he said.

“They seek the privileged, those few privileged British Columbians who require scheduled surgery and have the resources to pay for private care,” Penner said, adding “ordinary” people would have less access to care under a two-tier system Day has proposed.

The frail and elderly, patients with complex conditions, and those with severe mental illness and/or substance-use issues would be particularly disadvantaged because regulating a public-private system that could invite American-style insurers would come at a high cost and take money away from public health care, he said.

READ MORE: B.C. patients wait 41% longer than national average to see a walk-in doctor: Medimap

Wait lists for patients requiring palliative care as well as emergency and urgent services would also increase under such a system because doctors, anesthesiologists and nurses would be lured to clinics allowing them to earn money in both the public and private systems, he said.

Penner suggested physicians should no longer be enrolled in the Medical Services Plan if they choose to work in for-profit clinics.

Day, an orthopedic surgeon, has hinged his decade-long legal battle on arguments around patients having a right to pay for services if wait times in the public system are too long.

He has maintained that four plaintiff patients have been deprived of life, liberty and security under the Charter of Rights and Freedoms after suffering harms from waiting for surgery in the public system before they sought care at his clinic.

Penner called that argument “political theatre” and said Day’s legal team has failed to identify whether any harms the patients may have endured were related to wait times in the public system.

When Day opened his clinic, he said surgeons who worked in hospitals were not getting enough operating-room time and profit was not his motive.

However, the facility has been operating since 2003 in violation of unproclaimed provisions of the provincial Medicare Protection Act.

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000 for a first offence if they charged patients for publicly available services and that the “don’t ask, don’t tell” approach that allowed private-clinic surgeries and diagnostic tests to continue would no longer be permitted.

Day won an injunction at the B.C. Supreme Court that ordered the government not to enforce that section of the act until his constitutional challenge is dealt with.

Camille Bains, The Canadian Press

Like us on Facebook and follow us on Twitter.

BC Healthprivate health care

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

2020 BC Cowboy Hall of Fame inductee: Paul ‘Buck’ Mammel

Mammel honoured in categories of Working Cowboy and Ranching Pioneer

LETTER: ‘Bless their hearts’

I went shopping in Williams lake and I was beyond impressed

EDITORIAL: No time for April fools

As we adjust, cope, our community responds in different ways

2020 BC Cowboy Hall of Fame inductees: Bayliff family and Chilancoh Ranch

Historic ranch honoured in Ranching Pioneer and Century Ranch categories

‘Better days will return’: Queen Elizabeth delivers message amid COVID-19 pandemic

The Queen said crisis reminds her of her first address during World War II in 1940

Emergency aid portal opens Monday, cash could be in bank accounts by end of week: Trudeau

Emergency benefit will provide $2,000 a month for those who have lost their income due to COVID-19

Education, not enforcement: B.C. bylaw officers keeping a watch on physical distancing

A kind word, it turns out, has usually been all people need to hear

COVID-19: Hospitals remain safe for childbirth, say Vancouver Island care providers

North Island Hospital has been asked to share its perinatal COVID-19 response plan

B.C. VIEWS: Pandemic shows need for adequate care home staffing

Seniors in B.C. care homes face challenging times

QUIZ: How much do you know about hockey?

Take this test and find out how well you know Canada’s most popular winter sport

Researchers look at humidity as a weapon in the fight against airborne viruses

Regular hand washing, physical distancing and PPE for health care workers remains best line of defense

Most Read