Cambie Surgeries Corporation v. British Columbia (original) (raw)
Cambie Surgeries Corporation v. British Columbia [2020 BCSC 1310] was a high-profile, multi-year Supreme Court of British Columbia (BCSC) case brought by Brian Day, an advocate for private healthcare, against the province of British Columbia. Day, who runs the Vancouver-based private clinic Cambie Surgery Centre, challenged the sections of the province's Medicare Protection Act (MPA) that prevent private practitioners from charging patients who are enrolled in Canada's universal healthcare system for services available in that system. The lawsuit stated that the MPA was unconstitutional because it violated sections 7 ("right to life") and 15 ("equal protection") of the Canadian Charter of Rights and Freedoms.
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| dbo:abstract | Cambie Surgeries Corporation v. British Columbia [2020 BCSC 1310] was a high-profile, multi-year Supreme Court of British Columbia (BCSC) case brought by Brian Day, an advocate for private healthcare, against the province of British Columbia. Day, who runs the Vancouver-based private clinic Cambie Surgery Centre, challenged the sections of the province's Medicare Protection Act (MPA) that prevent private practitioners from charging patients who are enrolled in Canada's universal healthcare system for services available in that system. The lawsuit stated that the MPA was unconstitutional because it violated sections 7 ("right to life") and 15 ("equal protection") of the Canadian Charter of Rights and Freedoms. Supporters of the lawsuit decried what they saw as a dangerous mandate that contributed to a problem of long waits for public care without consideration for urgency. The defendants' advocates argued that the lawsuit did not rise to the level of a constitutional question and that a ruling in plaintiffs' favour would do long-lasting damage to Canada's public healthcare system that would far outweigh the problems it purported to solve. Both sides stated publicly that the outcome of the case would have an enduring effect on the country's healthcare. The trial started in 2016 and was finally decided on September 10, 2020. In an 880-page decision, Justice John J. Steeves of the BCSC dismissed the plaintiffs' claims. The plaintiffs filed a notice of appeal and in July 2022, the B.C. Court of Appeal upheld Justice Steeves' decision. (en) |
| dbo:wikiPageExternalLink | http://www.courts.gov.bc.ca/jdb-txt/CA/10/03/2010BCCA0396.htm https://www.bccourts.ca/jdb-txt/sc/20/13/2020BCSC1310.htm%23SCJTITLEBookMark3957 |
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| dbp:decisionBy | Justice John J. Steeves (en) |
| dbp:name | Cambie Surgeries Corporation v. British Columbia (en) |
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| rdfs:comment | Cambie Surgeries Corporation v. British Columbia [2020 BCSC 1310] was a high-profile, multi-year Supreme Court of British Columbia (BCSC) case brought by Brian Day, an advocate for private healthcare, against the province of British Columbia. Day, who runs the Vancouver-based private clinic Cambie Surgery Centre, challenged the sections of the province's Medicare Protection Act (MPA) that prevent private practitioners from charging patients who are enrolled in Canada's universal healthcare system for services available in that system. The lawsuit stated that the MPA was unconstitutional because it violated sections 7 ("right to life") and 15 ("equal protection") of the Canadian Charter of Rights and Freedoms. (en) |
| rdfs:label | Cambie Surgeries Corporation v. British Columbia (en) |
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