A BC man has lost a lawsuit demanding the province pay for his surgery in Florida instead of waiting months for it to happen in BC.Vincent Jonckeau previously filed the suit against BC's health minister, the attorney general, his BC doctor, and other health authorities. Jonckeau argued under Section Seven of the Charter of Rights and Freedoms, his rights to life, liberty, and security of the person were guaranteed and were infringed upon by the wait he would have had to endure if he had received treatment in BC. The defendants argued the lawsuit was based on an incorrect interpretation of constitutional rights since demanding BC pay for a US surgery "imposes positive obligations on government.".Canadians see domestic travel costs surge.Justice Alison Latimer commented "It is argued that Section 7 imposes no such obligations."Harpreet Dosanjh, a litigation lawyer in BC wrote an article on LinkedIn stating, "This case presents a clear example of the boundaries of Charter claims in the context of health care delay, out-of-country medical reimbursement, and individual physician decisions."The defendants — the Fraser Health Authority, the Providence Health Care Society and Dr. Adrienne Melck — argued they are not state actors and are not subject to the Charter. In 2021, Jonckeau was waiting for surgery for his Conn's syndrome and was told he needed a radiologist to perform an adrenal vein sampling before surgery to remove his adrenal gland. .1-800-GET-DRUGS: Toronto hotline offers delivery of drug kits.The wait for this procedure in mid 2021 at the Royal Columbian Hospital was nine months.The judgement says in January 2022 he was told he would not receive the procedure until December 2022. Jonckeau received the surgery in Florida in April 2022.A year later Jonckeau learned he had not been added to the Royal Columbian Hospital waitlist. .'Big Beautiful Bill' makes Canada less competitive .Latimer says the Hospital Insurance Act only applies to those who leave the province for treatment and are entitled to reimbursement with "prior written approval to do so" from the BC government if the procedure is not available in BC but should be. Dosanjh says "Where medical professionals are operating within a publicly funded system but exercising independent clinical judgment, they are not subject to Charter scrutiny. Their clinical discretion, even in public systems, remains private action - a critical boundary that remains intact.".Largest black hole merger ever discovered
