(File photo)

Private clinics win injunction against B.C. law that banned them

Cambie Surgery Centre launched constitutional challenge nearly 10 years ago on private health care

Private clinics embroiled in a decade-long legal battle against the B.C. government have scored a victory, after a judge ordered an injunction against provisions in a law banning private billing for medically necessary care.

B.C. Supreme Court Justice Janet Winteringham says in a written ruling released Friday that the constitutionality of the provisions must be determined at an ongoing trial. The decision means the government can’t enforce the provisions until June or pending another court order.

“The plaintiffs have established that there is a serious question to be tried in that … some patients will suffer serious physical and/or psychological harm while waiting for health services (and) some physicians will not provide private-pay medically necessary health services after the (provisions) take effect,” the ruling says.

The Cambie Surgery Centre, another private clinic and several patients launched a constitutional challenge nearly 10 years ago arguing the province doesn’t provide timely medical services, yet residents are prohibited from accessing private health care.

The trial has dragged on for years and Winteringham says in her ruling that she expects it to wrap in April.

READ MORE: B.C. health ministry moves to bar extra billing

Health Minister Adrian Dix announced this spring that starting in October, his government would begin enforcing provisions in the Medicare Protection Act that were first passed by the B.C. Liberals in 2003 but had never been enforced.

The provisions meant that doctors who charged patients for medically necessary procedures would face initial fines of $10,000.

Plaintiffs in the court case swiftly filed an application for an injunction and Winteringham ruled in their favour.

Dix told reporters on Friday that he was disappointed with the ruling.

“It takes away our ability to do what we’re obligated to do and we need to do, which is enforce the law,” he said.

“That said, the court case involved has been going on for 10 years and I’m a very patient person about court cases. I’m quite impatient, though, about improving patient care in B.C. That’s why we’ve proceeded so vigorously to take actions in increasing public surgeries, to reduce public wait times in the public health-care system.”

Health Canada fined the B.C. government $16 million because of illegal extra billing, so the “failure” of the previous government to enforce the act has cost taxpayers, he said. That amount of money could have paid for 55,000 MRIs, he added.

The Canada Health Act prevents private billing for medically necessary health services and continues to be enforced, Dix added.

Dr. Brian Day of the Cambie Surgery Centre could not immediately be reached for comment.

Day has said that his clinic, along with the province’s 56 private surgical facilities and 17 others that provide MRIs, helps to keep waiting lists down in the public system.

He warned in April after Dix announced he would enforce Medical Care Act provisions that the move might force private clinics to close.

“The government is in court denying that wait lists are a problem and denying there’s any harm from wait lists,” he said.

Laura Kane, The Canadian Press

Just Posted

Cattle truck crash closes Hwy 3 near Jaffray

A detour route is available via Betania Rd

Santa set to tour Cranbrook on Christmas Eve

Santa’s annual tour of the City of Cranbrook on Christmas Eve –… Continue reading

Power tools, meat stolen in separate incidents: RCMP

The Cranbrook RCMP is asking the public for help investigating stolen tools… Continue reading

Big win for Kootenay ICE against Kamloops Blazers

ICE snap their 12 game losing streak.

Jingle Bell Walk takes over school neighbourhood

Kootenay Orchards Elementary School collects donated food items for the Cranbrook Food Bank Society

‘Are we going to play?’ Alberta boy with rare illness no big deal for classmates

Porter Stanley is one of 30 people in the world to be diagnosed with Beare-Stevenson syndrome, a craniofacial disorder.

Publication ban on name of girl killed in Abbotsford school lifted

Reimer’s family had supported an application by Black Press to lift ban

B.C. securities regulator probes ‘most expansive’ alleged trading scheme in its history

Liht Cannabis Corp states it’s doing internal investigation, welcomes BC Securities Commission probe

Air passenger rights: 6 things about what the Liberals are offering

For 3- to 6-hour delays, compensation is $400. Between 6 and 9 hours, $700. Over 9 hours is $1,000

RCMP, civilian vehicles rammed in North Okanagan incident

Police attempt to stop truck near Enderby, thought to be tied to alleged Salmon Arm armed robbery

New biker gang with ties to Hells Angels crops up in Lower Mainland

The Street Reapers were formed late last year and have been seen in Fort Langley.

10-lane George Massey bridge too big, B.C. study says

Consultants say replacement tunnel cost similar to new bridge

Couple caught up in B.C. Legislature bomb plot to learn their fate

John Nuttall and Amanda Korody were arrested as part of an undercover RCMP sting on Canada Day 2013

Ryan Reynolds to narrate movie about B.C.’s Great Bear Rainforest

Vancouver-born actor known for Deadpool movies will voice film to be released Feb. 15, 2019

Most Read