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How a B.C. court case could change the Canadian health care system

By Karen S. Palmer


A trial in the Supreme Court of British Columbia is deciding whether B.C.’s law — the Medicare Protection Act — infringes on our constitutional rights not to be deprived of life, liberty and security of the person except in accordance with the principles of fundamental justice. It could have far reaching consequences for Canada’s publicly funded health care system.

The trial began Sept 6, 2016 and ended February 28, 2020, with the court’s decision expected to take at least several months before it is released.

WHAT’S A STAKE?

Fair and equitable access to health care for all Canadians is under threat.

Plaintiffs in the B.C. case want the court to overturn three key provisions of B.C.’s Medicare Protection Act (MPA) that protect fair access to care for all patients. Instead they want the court to allow:

Extra billing and user fees

Private duplicate insurance

Dual practice

WHAT DOES THE B.C. LAW ALLOW NOW?

Doctors in B.C. can choose not to enrol in MSP, in which case they can’t be paid by public funds. Those who are not enrolled in MSP can already charge patients directly for whatever fees the market will bear (including for faster access to necessary medical care), so long as they only treat patients in private clinics and not in hospitals or community care facilities. Nothing in the law prevents this kind of “two-tier” health care.

WHAT WOULD HAPPEN IF THE COURT OVERTURNS THESE THREE KEY PROVISIONS OF B.C.’S LAW?

Evidence from around the world shows:

Waits are likely to increase for those who can’t afford to pay.

Waits are still a problem in countries that allow private pay.

If private pay and dual practice are allowed it will be hard to regulate doctors’ behaviour to protect fair access for everyone.

If private pay and extra billing are permitted, total health care system costs will increase.

HOW WOULD B.C.’S DECISION AFFECT THE REST OF CANADA?

WHAT WOULD IMPROVE OUR HEALTH CARE SYSTEM AND REDUCE WAITS?

Better organization and coordination of how we provide care, not changes in how we pay for it, will improve access for everyone, not just those who can afford to pay.


Karen S. Palmer, Adjunct Professor, Faculty of Health Sciences, Simon Fraser University, British Columbia @karenpalmeryvr

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