The Canadian Constitution Foundation (CCF) said it disapproves of the verdict regarding its appeal of Cambie Surgeries Corporation versus British Columbia, which leaves patients dependent on public healthcare to have their needs met. .“We are disappointed in this decision, and our heart goes out to the patients who have suffered on endless government wait lists while their health deteriorates,” said CCF executive director, Joanna Baron, in a Friday press release. .“We know that long wait times for patients worsen medical outcomes, and that patients even die on these government wait lists.” .Cambie Surgeries Corporation et al v. British Columbia is a constitutional challenge about whether or not BC residents can choose to pay for private healthcare..The case was brought by private healthcare activist Brian Day. Day runs the Cambie Surgery Centre, which is challenging the provincial government's prohibition on private healthcare. .The appeal was dismissed, with the majority written by BC Court of Appeal Chief Justice Robert Bauman and Justice David Harris with a concurring opinion by Justice Lauri Fenlon. .The decision said the BC law preventing patients from accessing medical treatment outside of the public healthcare system does deprive patients of their right to life and security of person. However, these prohibitions are based on fundamental justice. .Fenlon said the law deprives some patients of their rights to life and security, but it was not based on fundamental justice because these deprivations are disproportionate. She said this breach is justified under Section 1 of the Canadian Charter of Rights and Freedoms. .The CCF said it is rare for violations of the right to life and security to be justified under Section 1. .“The guiding case here should clearly be the Supreme Court of Canada’s Chaoulli decision from 2005,” said Baron. .“We are optimistic about a similar result in the Cambie case following the inevitable appeal to the Supreme Court.”.Chaoulli v Quebec was a decision where the Supreme Court of Canada ruled the prohibition of private medical insurance violated the Quebec Charter of Rights and Freedoms..This verdict comes after all three Conservative leadership candidates at the Western Standard Debate vowed to reopen the Canada Health Act to make it easier to access private healthcare services..READ MORE: CPC candidates want to reopen the Canada Health Act.Conservative leadership candidate Jean Charest said he wants private health services within the single-payer system and to bar provinces from forming a two-payer system. .Conservative leadership candidate Roman Baber promised to add more private delivery of health services, but not a two-tier system..Additionally, Conservative leadership candidate Scott Aitchison wanted to add more private services and increase federal funding to the original 50%.
