A group of British Columbia patients and surgical clinics challenging the federal government’s healthcare monopoly applied for leave for appeal to the Supreme Court of Canada. .“This case raises issues of national importance, and the BC Court of Appeal’s reasoning on the principles of fundamental justice in this case is inconsistent with the rights guarantees of the Charter,” said Canadian Constitution Foundation (CCF) executive director Joanna Baron in a Friday press release. .“This case deserves a final determination by Canada’s highest court, and we at the Canadian Constitution Foundation fully support the patients and clinics in their fight for choice in accessing healthcare.”.The CCF lost its appeal at the BC Court of Appeal in Cambie Surgeries Corporation et al v. British Columbia in July. .READ MORE: CCF condemns BC appeal court decision in Cambie case limiting patients to public healthcare.Cambie v. British Columbia is a constitutional challenge about whether or not British Columbia 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 release said patients in this case suffered the consequences of lengthy medical wait times in the government system. It said the plaintiffs filed an application for leave to appeal to the Supreme Court on Thursday. .The majority of judges in the BC Court of Appeal decision said the prohibition preventing patients from accessing medical treatment outside the government monopoly system does deprive some patients of their rights to life and security of person. They said the prohibition is in accordance with the principles of fundamental justice..The filing of an application for leave to appeal to the Supreme Court does not guarantee the case will be heard. The CCF said it will issue another release once a decision regarding leave has been made. .“We disagree this bizarre form of social cruelty that traps patients in a dysfunctional government monopoly can be justified by the principles of fundamental justice, and we are optimistic this error in law will be corrected by the Supreme Court,” said Baron. .Consultant Specialists of BC wrote an open letter September 21 to British Columbia Health Minister Adrian Dix expressing concerns about one million patients waiting for specialty care. .READ MORE: BC healthcare specialists demand meeting with health minister over wait times.“We see the decline in specialist care first hand every day and we are exhausted and demoralized; it's soul-destroying to be unable to provide the specialty care BC patients need and deserve,” said the Consultant Specialists of BC. .“We request a meeting with you urgently, and that's not a word we use lightly.”
