B.C. public health-care system upheld in landmark court decision
The B.C. Court of Appeal has upheld a judgment that an extra-billing and private insurance ban in the medical system does not violate Canada’s Charter of Rights and Freedoms, in a landmark decision upholding key tenants of the public health-care system.
The decision was made by Hon. Chief Justice Robert Bauman, Justice David Harris and Justice Lauri Ann Felon. “These provisions, the ban on extra billing and the prohibition on the sale of private insurance, are the provisions the appellants say are unconstitutional.
The three judges did find some errors in the trial judge’s decision, namely that the judge didn’t adequately assess whether waiting in line for surgery can increase the risk of death. Fenlon noted the trial judge relied on “imprecise social science evidence” to assess the impact of allowing a duplicative private healthcare system. As well the court must rely on studies of the public system, which in this case “concluded one public system should be continued despite the imperfections of this model.”
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