A legal battle is looming in British Columbia over patients’ access to private healthcare, citing a precedent from the Supreme Court of Canada.

The Canadian Independent Medical Clinics Association (CIMCA), along with a group of independent B.C. medical clinics, has launched a lawsuit in the Supreme Court of B.C. in an effort to have restrictions on access to independent clinics struck down. The restrictions deprive patients of rights guaranteed by Section 7 of the Canadian Charter of Rights and Freedoms, according to the lawsuit.

“The Supreme Court of Canada decision in the Chaoulli case was clear—access delayed is access denied,” said Dr. Brian Day, medical director of the Cambie Surgery Centre, which is a plaintiff in the suit. “Patients are suffering and dying as a result of waiting for care in B.C. CIMCA is going to court to ensure that B.C. laws are modified to conform to the laws of Canada, as set forth by the Supreme Court of Canada.”

The 2005 Chaoulli case involved a Quebec patient waiting for hip replacement surgery, and the subsequent Supreme Court decision allowed patients the right to seek treatment at private health clinics if they were not served in a timely manner by the public system.

CIMCA argues that sections of B.C.’s Medicare Protection Act force patients to remain on long waiting lists, regardless of their pain, suffering or disability.

The Medical Services Commission, the Minister of Health Services and the Attorney General of British Columbia are all named as defendants in the action.

“The crux of the problem is this—if the public healthcare system cannot provide care to patients in a timely manner, then it is simply wrong to throw up roadblocks to patients seeking the healthcare they need,” Dr. Day added. “The Supreme Court of Canada has stated this in no uncertain terms, and we intend to ensure that B.C. provincial law complies with the laws of Canada. Patients in British Columbia should not have their constitutional rights overridden by draconian laws that deny them access to care.”

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