Coalition Intervenors present Opening Statement in Cambie Clinic Case

September 16, 2016

Alison Latimer, Counsel for the Intervenors, and Adam Lynes-Ford, BCHC Staff Member, being interviewed outside BC Supreme Court in Vancouver

In the Supreme Court of BC case between the Cambie Clinic (et al) and the Medical Services Commission of BC (et al), the Counsel for the Coalition Intervenors presented their Opening Statement in court this past Wednesday.

The following excerpts are taken from the official transcript of the Statement.

“The intervenors we represent are four individuals – two patients and two physicians – and two organizations – the BC Friends of Medicare Society (also known as the BC Health Coalition) and Canadian Doctors for Medicare. Our clients include some of the most vulnerable beneficiaries of BC’s universal public health care system, who stand to lose the most in this case, if the fundamental and core principle that every British Columbian should have equal access to physician and hospital services is undermined. Our clients also include physician providers of health care committed to the principles of universality and equal access, who would shoulder the damaging consequences if our publicly-funded single payor Medicare system is weakened.”

“[Members of the BC Health Coalition] are very concerned that the shift to a parallel for-profit private system would reduce resources and capacity in the public health care system to provide for patients, would establish harmful incentives for longer wait times in the public system, and would make it even more difficult to implement the necessary reforms we need to improve the public system. Despite the plaintiffs’ claims to the contrary, we expect that you will hear considerable evidence to support the validity and strength of these concerns.”

“In short, the Coalition Intervenors are here to advocate for all of those British Columbians who rely on the public system, and whose right to equitable access to health care without regard to financial means or ability to pay – the very object of the legislation being attacked – would be undermined if the plaintiffs were to succeed.”

“From the perspective of the Coalition Intervenors, what the plaintiffs seek flies in the face of what have been the historic and underlying objectives and rationale of the British Columbia and other Canadian medicare health insurance programs since their very outset, namely, access to medical care for all based on the same uniform financial terms and conditions, that is, regardless of ability or willingness to pay.”

“At the end of the day, it is our submission that there is no constitutional right to a health care system where physicians can claim entitlement to compensation from the public system while also participating in a private system in which they are incentivized to provide preferential access to care to those who can afford to pay more for it, nor do the principles of fundamental justice require such a health care system. There is no constitutional right to a health care system in which the Legislature is prevented from enacting safeguards to protect its fundamental objective of ensuring that individuals receive access to care without fear of having to pay for that care, or that prevents the enactment of social policy that declines preferential access to those who can afford to pay extra for their care over those who might need the care more, nor do the principles of fundamental justice prevent the Legislature from enacting such safeguards. And there is no constitutional right to compel the government to subsidize a private health care system, nor do the principles of fundamental justice require it. Not only would dual practice, extra-billing and duplicative private health insurance be inconsistent with the objectives of the legislation establishing the public health care system, but allowing such practices would also cause harm to the majority of patients served by the public health care system and to their s. 7 [section 7 of the Canadian Charter of Rights and Freedoms] rights and interests.

To read the full text of the Coalition Intervenors Opening Statement, click on the following link:
BCHC Opening Statement at Cambie Clinic case

Rick Turner weighs in on Cambie Clinic trial

September 8, 2016

The following article was posted on the September 1 blog of

Pending B.C. case could change the landscape of healthcare in Canada

By Rick Turner, Co-Chair of the BC Health Coalition

On September 6, the B.C. Supreme Court will begin to hear a case that could fundamentally change the nature of health care in Canada.

Dr. Brian Day, owner of Cambie Surgeries Corporation, is leading the lawsuit. The case challenges the core values that underpin Canadian public health care: That our access to care should based on need, not on our ability to pay.

It is difficult to overstate the threat this litigation poses to our health, equity, and economy. Put simply, if Day wins, many people in Canada won’t be able to afford health care and we will have to wait longer for treatment.

Day argues that the laws banning extra-billing and duplicate health insurance are unconstitutional. If those rules were struck down, what would that mean for you and me?

It would mean doctors could charge patients unlimited amounts for all procedures and services – from routine check-ups to hip surgeries.

It would also create an American-style system with parallel private care and insurance (putting private insurance companies in the position to deny patients health care coverage for basic services like visits to the emergency room or cancer treatment).

Wait lists in the public system would grow as doctors, nurses and other personnel are siphoned out of the public system into a growing and lucrative private tier.

The result? A deepening divide between those who can afford to pay for health care and those who cannot.

That is what is at stake in this case, but how did we get here?

For years Day’s clinics have been breaking the rules he’s now trying to change.

He launched the lawsuit after he learned his clinics were going to be audited by the B.C. Government. The audit was triggered by dozens of patients who complained that they’d been illegally overbilled at Cambie’s clinics.

An audit later revealed that Cambie had overcharged patients by almost half a million dollars in just 30 days. The audit also found $66,000 in overlapping claims — evidence that the clinics were double-dipping. A second audit report is pending.

Instead of paying back the money his clinics illegally overbilled, Brian Day marshalled a group of private, for-profit clinics to file a lawsuit against B.C.’s health care laws and attempted to have the audit temporarily or permanently quashed.

This case is being called one of the most significant constitutional challenges in Canadian history. It’s likely to go as far as the Supreme Court of Canada, but what happens in B.C. will be crucial. That’s why health care advocates and B.C. patients are participating directly at trial in B.C. Supreme Court this fall.

The B.C. Health Coalition, along with two patients, two doctors, and Canadian Doctors for Medicare have intervener status in the case. We represent the vast majority of people in Canada who believe our ability to get health care should be based on need, not ability to pay.

As interveners, we’ll be presenting expert evidence about the impacts of two-tier care on timely access to quality care.

But advocacy for real system innovation outside of the case is equally important. There’s no question that Day’s vision for Canadian health care would make waits longer for most, so what are the real solutions?

B.C.’s wait times for some surgeries are among the longest in the country. In recent years, they’ve gotten longer. There are proven public system solutions that would dramatically shorten wait lists for everyone, but it takes political will.

For example, the Richmond Hip and Knee Reconstruction Project reduced wait times from 20 months to 5 months by improving the scheduling of surgeries and recovery beds. Successful pilot projects like this should be taken province wide.

Providing adequate in-community health support to people who need it would be another way to shorten wait lists. Bed shortages are a major cause of waits in hospitals. In many cases, acute care beds are used as a “space of last resort” by people, often elders, who could receive more appropriate care elsewhere. Frail seniors who may need some support remain in hospital, at risk of secondary infection, because there is no where else for them to go. Providing improved, non-hospital care would make a huge difference to surgical wait times and to the quality of life for seniors across the country.

The Cambie case will be a reckoning for Canada’s soul. Do we want to be country that provides for people when they most need it — and is willing to do the work to make sure our system evolves to meet those needs? Or do we want to put corporate profit ahead of people in pain?

You can join the “Save Canada’s Medicare System” group on Facebook for updates on this important case or

Adam Lynes-Ford comments on Cambie Clinic legal challenge

September 1, 2016

The following interview appeared in the September 1 issue of ricochet online news.

Adam Lynes-Ford, BC Health Coalition, and Dr. Rupinder Brar, Canadian Doctors for Medicare.

Briefly, can you outline the implications of the court case for health care?

Fundamentally the potential implications of the lawsuit are that many people in Canada won’t be able to afford health care and many people will end up waiting longer for treatment. This lawsuit strikes at the bedrock of Canadian public health care, which is the agreement that we will all be able to access care when we need it, based on our need and not our ability to pay for it.

Let’s start getting into the case. Who is Dr. Brian Day?

He is the co-owner of the Cambie Surgery Centre. That is a private for-profit clinic in Vancouver. He has been a vocal proponent of for-profit care for quite a long time.

His clinics were the subject of a bunch of complaints by patients who were trying to access care there. As a result of their complaints, he got notice that his clinics were going to be audited. Instead of opening his doors and allowing the audit to take place and then reimbursing patients that he may have illegally billed, he joined with a bunch of other for-profit clinics and launched this constitutional challenge.

We see from systems across the world the terrible health outcomes and financial outcomes when people are turned away for medically necessary care because they can’t afford it.

Dr. Day fought the audit for years in court before the Province finally got entry into his clinics and were able to do a limited audit, only over a period of 30 days. But what they found was nearly half a million dollars in illegal billing. In some cases, the physicians in the clinic were charging up to seven times the legal amount.

There’s a second audit underway looking at specific physicians working in Dr. Day’s clinic, because what was also found was evidence of double billing, which is essentially double dipping. Let’s say you’re a doctor and I come to you for a procedure, and you bill me the MSP amount and then you turn around and also bill MSP the same amount. (MSP is B.C.’s Medical Services Plan, which covers medically necessary services in the province.) You essentially charge twice for the same thing. In that first audit they found evidence that was happening, so they’re doing a more thorough audit to find the extent of that practice.

The case gives insight into the kind of practice that Dr. Day runs and would like to expand in Canada, and it also gives us a sense of the really problematic things that can go on in private health care facilities when profit is the motive.

THE CANADA HEALTH ACTThe provinces must provide health insurance plans that meet the five criteria laid out in the Canada Health Act. 1. Public administrationEach plan must be administered on a non-profit basis by a public authority. 2. ComprehensivenessMedically necessary services, as determined by each province, must be covered. 3. UniversalityAll residents must be covered by the insurance plan. 4. PortabilityAll residents must be covered by the plan when they travel within Canada. 5. AccessibilityAll residents must have reasonable access to medically necessary services. The Act states that “access must be based on medical need and not the ability to pay.”

What is Dr. Day’s argument?

His plaintiff’s argument is that certain sections of BC’s health care legislation are not constitutional. There are a couple of specific rules that they are challenging as unconstitutional.

The first rule is against extra billing. That means that right now doctors are not allowed to charge above and beyond a certain amount for medically necessary care. That’s how we make sure that care is based on need and not ability to pay. That’s a tenet that is implemented across the whole country.

The second rule they’re challenging is that right now private insurance companies are not able to sell insurance for medically necessary services. In B.C. we have a whole bundle of necessary services that are covered by MSP and everybody has access to them. There’s a ban that says private insurance companies can’t sell and deny those services.

The reason we say the case has implications across the country is that those rules are based on the Canada Health Act, a federal act, and every piece of health care law across the country has those same rules. If they were found to be unconstitutional here in B.C., it would be a domino effect across Canada.

The BC Health Coalition is an intervenor in the case. What is your organization’s stance?

We’re in an intervenor group with Canadian Doctors for Medicare, two doctors, and two patients. The doctors in the group want to be able to provide care to their patients based on need and not be in a position to have to turn away people who don’t have the right kind of private coverage or can’t pay. The two patients in the group have complex health conditions, rely on an accessible public health care system, and are really concerned about what a privatized U.S.-style health system would mean for them.

Our stance is that we must maintain access to health care based on our needs and not our ability to pay. We see from systems across the world the terrible health outcomes and financial outcomes when people are turned away for medically necessary care because they can’t afford it.

Read more »

Anchorage Community Planning Partners

August 24, 2016


The Anchorage Community Planning Partners (ACPP) held their third meeting on August 9 at Princeton General Hospital, continuing their work to co-create an inclusive, holistic mental health and substance use program tailored to meet the diverse needs of Princeton clients. The partnership includes representatives from Princeton Family Services Society, Princeton Town Council, Cascade Medical Group, BC Ambulance Community Paramedicine, Interior Health, and Support Our Health Care Society.

At the previous meeting, five working groups were formed: Program Development, Space, Partnership Development, Budget, and Communication.

Elaine Carlson and Colleen Wedd gave a report on Program Development, emphasizing that the Anchorage Clubhouse remains open, offering a wide variety of programs at their new, temporary location. The Clubhouse is open for ‘members’ to drop-in from 9:00 am to 2:00 pm on Monday and Tuesday and for other programs that are offered on Wednesday and Thursday. The Programs Working Group also outlined a proposal that included extended mental health services for Princeton and Area.

Heather Eriksen leads the Partnership Development working group and reported on a meeting she had with Princeton Senior Citizens Association. She also indicated that future partnerships might include local service organizations.

The Space working group comprises Rosemary Doughty, Jo-Ann Ferguson, Elaine Carlson, and Kim Maynard. Doughty reported that progress is being made in their efforts to find a permanent new home for the Anchorage Clubhouse.

Joseph Savage leads the Budget working group. He gave a report showing present Interior Health funding, indicating that future budgets will need to reflect program and facility developments.

The Communication working group consists of Edward Staples and Joseph Savage. The members of the ACPP want the community to know that through their cooperative efforts, they are confident that improved services will make the Anchorage a stronger and more effective member of our community.


Senior Frailty and the New Health Accord

August 22, 2016

soignante avec une personne agée

Advocates for Canada’s seniors will be watching closely this week as the federal Liberal government meets in Sudbury to plan for the fall session of parliament. Based on the finding of a recent Ipsos survey conducted by the Canadian Medical Association, 84% of Canadians ranked the need for a national seniors strategy as very or somewhat important.

The following excerpts, from a recent article by John Muscedere and Samir Sinha appearing on the Evidence Network website, provide important insight into the need to accommodate specific challenges facing many Canadian seniors:

“When the previous Health Accord expired in 2014, the Harper government unilaterally established a new funding model for federal health transfer payments to the provinces and territories based on an equal per capita basis. Built into the model was a guarantee that no province would receive less than its 2013 transfer amount with a further guaranteed minimum three percent growth rate from 2017 onward. So, what’s not to love?

Plenty. The truth is, in a country as diverse and varied as Canada, such a per capita funding model creates winners and losers. For provinces with flourishing economies and/or younger populations, the formula may be a welcome one. But for many provinces and territories, this funding formula fails to recognize and accommodate their particular challenges and needs. This is because per capita models fundamentally ignore the sometimes extreme variations in socio-economic, demographic and health status of regional populations across Canada — a significant oversight.”

– – –

“Frailty is common in our aging population but it remains highly under-recognized. It’s estimated that over one million Canadians are clinically frail. Clinical frailty can occur at any age and describes individuals who are in precarious health, have significant multiple health impairments and are at higher risk of dying. The hallmark of frailty is that minor illnesses such as infections or minor injuries which would be handled easily by non-frail individuals may trigger major deteriorations in health.”

– – –

“Systematically recognizing frailty in Canadians and targeting federal health funding based in part on frailty would both help those provinces and territories who have more significant health and social care needs in this area, but also flag the issue of frailty as one that needs to be urgently addressed across the country.”

John Muscedere is Scientific Director and CEO of Canadian Frailty Network (CFN), an interdisciplinary network dedicated to improving care of frail elderly Canadians. He is also a critical care physician at Kingston General Hospital.

Samir Sinha is Director of Geriatrics at Sinai Health System and the University Health Network Hospitals in Toronto, Co-Chair of the National Institute on Ageing’s Advisory Board, and a member of the CFN Research Management Committee.

Click here to read more

Canadian Medical Association Report Card on Health Care

August 19, 2016

CMAJ Report Card image

The following article by Lauren Vogel appeared in the August issue of the CMAJ News

Most Canadians want seniors’ health to take top priority under a new health accord, but few realize that new funding talks are underway, according to the 16th Annual National Report Card on Health Care by the Canadian Medical Association (CMA).

Only 15% of Canadians polled by Ipsos Reid for the report were aware the federal government is renegotiating how it provides health funding to provinces and territories. Even so, most people agreed on what a new accord should include.

At the top of their wish list: a national seniors’ health strategy, which 84% of Canadians ranked as very or somewhat important. Seventy-four percent supported additional federal payments to provinces and territories with older populations. “Over the next 20 years, the number of seniors in Canada is going to double and the number over the age of 85 is going to quadruple, and we will have increased demands, challenges and costs looking after them,” says CMA President Dr. Cindy Forbes. “I don’t believe we can continue to spend money on the same things.”

The current model of divvying up federal health dollars on a per-capita basis doesn’t reflect that some provinces have older populations with greater health care demands, Forbes explains.

As a family physician in Nova Scotia, she already sees long waits for home care, consultants and Read more »

Presentation to Select Standing Committee on Health

July 7, 2016

Dr. Denise McLeod presents to the province’s select standing committee on health (from the Prince George Citizen – Brent Braaten, Photographer)

The following is the content of the presentation given to the BC Select Standing Committee on Health by Edward Staples, SOHC President:

July 4, 2016 – 11:00 am
Douglas Fir Committee Room (Room 226), Parliament Buildings, Victoria

Thank you for holding these public hearings on health care in British Columbia. I am here today representing the Support Our Health Care Society of Princeton and the BC Health Coalition as a member of their Steering Committee.

My original interest in the work of this committee was in 2014, when I made a written submission as President of the Support Our Health Care Society of Princeton. I’m pleased to see that the Committee is looking for more information on three of the original questions and that the information gathered on end-of-life care has now been released in the report, Improving End-of-Life Care for British Columbians. Congratulations to the Committee for the work you’ve done on that important issue.

How can we improve health and health care services in rural British Columbia? In particular, what long-term solutions can address the challenges of recruitment and retention of health care professionals in rural British Columbia?

I’ve been a resident of Princeton for eight years and have been actively involved in health care in our community for the past four. For this reason, I feel most comfortable addressing the first question regarding health care services in rural British Columbia.

Princeton, I believe, is typical of what it means to live in a rural, remote community in BC. Our population base is roughly 5,000 (on a good day); our demographic consists of an ever larger senior population; our economy is based on forestry, mining, ranching, and, increasingly, tourism; and our nearest regional service centre (Penticton) is about an hour and a half away. Four years ago our community was in a health care crisis with only one doctor providing on-call service, 24 hour emergency department services only available on weekends, an acute shortage of health care professionals, and residents who were up in arms. Since then, through a collaborative effort involving local organizations, elected officials, health care practitioners, and IH administrators, Princeton is now in a much better position with four full time GPs, two NPs sharing a full time job, and a full complement of professional staff.

But our situation is still not ideal. We are still short one general practitioner and many residents are unattached and looking for a family doctor elsewhere in our area. At present, there are no practitioners accepting patients in the Okanagan-Similkameen region and Read more »


To become a member of SOHC, please
email the secretary.
Annual membership is $2.

SOHC Discussion Paper

Developing an Improved and Sustainable Health Care Model for Princeton, B.C
Support Our Health Care has released a discussion paper in order to get feedback from the community, politicians and professionals about the state of local healthcare and what the long term solutions should be.
Download PDF Here