A group of Nova Scotia doctors and patients will get their day in court after the province’s top court ruled they can challenge a law that allows government officials to access citizens’ private medical files.The Supreme Court of Nova Scotia granted public interest standing to the group, represented by lawyers funded by the Justice Centre for Constitutional Freedoms, in a case targeting amendments to the province’s Personal Health Information Act.The controversial changes, pushed through in 2024 under the province’s Financial Measures Act, give the Minister of Health and Wellness authority to collect identifiable medical records without consent. The data could be used for “planning and managing the healthcare system,” resource allocation, and maintaining electronic health records — paving the way for a centralized database of every Nova Scotian’s medical history..The applicants argue the amendments violate Charter sections 7 and 8, which protect liberty, personal security, and freedom from unreasonable search and seizure. They say the law strips away informed consent and undermines the confidentiality that underpins doctor-patient relationships.“Health care records contain some of the most private and personal details of an individual’s life,” said constitutional lawyer Chris Fleury. “Health records deserve the highest level of protection from the intrusion of the state.”Justice Denise Boudreau ruled that the challenge raises serious constitutional concerns and serves the public interest, confirming the applicants’ case is both genuine and necessary to test the law’s legality.The matter will now advance to a full hearing on whether Nova Scotia’s health privacy law stands up to constitutional scrutiny.
