Dr. Brian Day, Medical Director of the Cambie Surgery Centre, sits for a photograph at his office in Vancouver on Aug. 31, 2016. A lawsuit that begins today in B.C. Supreme Court in Vancouver has the potential to fundamentally change the way Canadians access health care. Day, who operates a private surgical centre in Vancouver, is challenging B.C.’s ban on Canadians buying private insurance for medically necessary services already covered by medicare. (THE CANADIAN PRESS/Darryl Dyck)

Dr. Brian Day, Medical Director of the Cambie Surgery Centre, sits for a photograph at his office in Vancouver on Aug. 31, 2016. A lawsuit that begins today in B.C. Supreme Court in Vancouver has the potential to fundamentally change the way Canadians access health care. Day, who operates a private surgical centre in Vancouver, is challenging B.C.’s ban on Canadians buying private insurance for medically necessary services already covered by medicare. (THE CANADIAN PRESS/Darryl Dyck)

Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000

A legal challenge by the owner of a private clinic providing scheduled surgery for affluent patients should be denied because it is based on a flawed constitutional argument, a lawyer for the B.C. government says.

Jonathan Penner said Tuesday that Dr. Brian Day’s bid to have the province strike down provisions of the Medicare Protection Act prohibiting double billing amounts to an “unlawful business model.”

Penner told B.C. Supreme Court Justice John Steeves that Day’s legal team has called the province’s position shocking, adding that’s based on a disregard for patients who can’t afford private care at clinics, such as the Cambie Surgery Centre, opened by Day in 1996.

“In my submission, what truly is shocking, is this complete and utter disregard for the situation of anyone who is not in a position to come up with the funds to pay them to provide rapid surgical services,” he said.

“They seek the privileged, those few privileged British Columbians who require scheduled surgery and have the resources to pay for private care,” Penner said, adding “ordinary” people would have less access to care under a two-tier system Day has proposed.

The frail and elderly, patients with complex conditions, and those with severe mental illness and/or substance-use issues would be particularly disadvantaged because regulating a public-private system that could invite American-style insurers would come at a high cost and take money away from public health care, he said.

READ MORE: B.C. patients wait 41% longer than national average to see a walk-in doctor: Medimap

Wait lists for patients requiring palliative care as well as emergency and urgent services would also increase under such a system because doctors, anesthesiologists and nurses would be lured to clinics allowing them to earn money in both the public and private systems, he said.

Penner suggested physicians should no longer be enrolled in the Medical Services Plan if they choose to work in for-profit clinics.

Day, an orthopedic surgeon, has hinged his decade-long legal battle on arguments around patients having a right to pay for services if wait times in the public system are too long.

He has maintained that four plaintiff patients have been deprived of life, liberty and security under the Charter of Rights and Freedoms after suffering harms from waiting for surgery in the public system before they sought care at his clinic.

Penner called that argument “political theatre” and said Day’s legal team has failed to identify whether any harms the patients may have endured were related to wait times in the public system.

When Day opened his clinic, he said surgeons who worked in hospitals were not getting enough operating-room time and profit was not his motive.

However, the facility has been operating since 2003 in violation of unproclaimed provisions of the provincial Medicare Protection Act.

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000 for a first offence if they charged patients for publicly available services and that the “don’t ask, don’t tell” approach that allowed private-clinic surgeries and diagnostic tests to continue would no longer be permitted.

Day won an injunction at the B.C. Supreme Court that ordered the government not to enforce that section of the act until his constitutional challenge is dealt with.

Camille Bains, The Canadian Press

Like us on Facebook and follow us on Twitter.

BC Healthprivate health care

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

Grand Forks RCMP say the deceased’s car fell off Highway 3, west of the city. File photo
Motorist killed in Highway 3 crash was a Castlegar man: Grand Forks RCMP

The man’s family has been notified, according to Cst. Corey Flodell

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

Grand Forks RCMP, left, and Grand Forks Fire/Rescue attended a fatal Highway 3 crash Thursday evening, Jan. 21. Photo: Laurie Tritschler
Motorist dies in Highway 3 crash west of Grand Forks

City first responders were called to the scene Thursday evening, Jan. 21

Interior Health reported 91 new COVID-19 cases in the region Jan. 20, 2021 and three additional deaths. (Jennifer Smith - Morning Star)
95 new COVID-19 cases in Interior Health, two deaths

Another member of Vernon’s Noric House has passed

Grand Forks Fire/Rescue members push Engine 352 into its new home at the Carson Hall Wednesday, Jan. 21. Photo: Laurie Tritschler
WATCH — Grand Forks Fire/Rescue brings home new engine

Department members welcomed Engine 352 to Carson Hall in a special “push” ceremony

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

A 75-year-old aircraft has been languishing in a parking lot on the campus of the University of the Fraser Valley, but will soon be moved to the B.C. Aviation Museum. (Paul Henderson/ Chilliwack Progress)
Vintage military aircraft moving from Chilliwack to new home at B.C. Aviation Museum

The challenging move to Vancouver Island will be documented by Discovery Channel film crews

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Most Read