Healthcare. (Pixabay)

Decade-long health care battle draws to a close today in B.C.

Dr. Brian Day began his battle a decade ago against the B.C. government

A constitutional challenge by a doctor who argues patients should have the right to pay for private care if the public system leaves them waiting too long is expected to wrap up today in a Vancouver courtroom.

Dr. Brian Day began his battle a decade ago against the British Columbia government.

The case started in B.C. Supreme Court in 2016 and final arguments are scheduled to come to a close today.

Day is an orthopedic surgeon who legally opened the Cambie Surgery Centre in Vancouver in 1996.

He says he opened the centre to create more operating-room time for surgeons who couldn’t get it in public hospitals.

However, the facility has been operating since 2003 in violation of unproclaimed provisions of the provincial Medicare Protection Act.

Joe Arvay told the court on Thursday that Day’s main objective is to cherry pick parts of the Medicare Protection Act after it is abolished. The act requires doctors to opt out of billing the government for work in the public system if they are also earning more money in private clinics.

READ MORE: Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Arvay said a victory for Day would usher in a complicated and expensive administrative regime dependent on public funds for the benefit of physicians wishing to expand private services that would not be regulated by the government.

“The plaintiffs are not seeking to opt out of the public system in its entirety,” Arvay said. “Even in the private market they wish to establish, they would continue to benefit from society’s investment in health-care professionals and public funding of the entire health-care infrastructure.”

Arvay said doctors employed in the public system are known to refer patients to themselves in private clinics where they also work in order to bypass wait times that apply to everyone who can’t afford to pay out of pocket or through private insurance.

He said physicians are paid more money in the private system than they earn in hospitals so they stand to financially benefit twice from such a scheme.

Arvay represents an intervener group that includes two physicians, Canadian Doctors for Medicare, the BC Health Coalition and two patients.

Day maintains that patients who have waited too long for an operation or diagnostic tests in the public system are deprived of timely care and should have a right to private treatment under the Charter of Rights and Freedoms.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Health

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Osoyoos knife-wielding woman wins appeal to reduce sentence

Court of Appeal settled that the sentencing judge erred in principle, and the sentence was unfit

FortisBC offers 90-day bill deferrals to customers impacted by COVID-19

Customers can apply for the relief program through the utility’s website

Online marketplace for downtown Penticton businesses an opportunity to support local

Marketplace will help support local businesses and assist customers in finding goods and services

RCMP pursuit in Okanagan Falls leads to arrest of Penticton man

Seamus Kirby of Penticton is facing numerous charges including flight from police

North Okanagan bands together in support against COVID-19

New group launches website with tools to help endure crisis

WATCH: Salmon Arm artist hosts virtual art show amid COVID-19

Roxi Hermsen’s show “Into the Cosmos” is a tribute to her father Bill Sim

HERGOTT: COVID-19 and ICBC

Paul Hergott is a personal injury lawyer based in West Kelowna

COVID-19: Armstrong gym fined $345 after failure to close

The fitness centre was issued a ticket a day after province ordered all gyms to close

Bus rider who travelled to Golden tests positive for COVID-19

The passenger travelled from Calgary to Golden on March 15

Armed robbery of legal grow-op in Sicamous ends in arrest near Enderby

Residents alarmed over increased police presence Tuesday morning

Wildfire burns out-of-control on Adams Lake band land in the Shuswap

BC Wildfire Service reports Shuswap two-hectare fire is not threatening structures

COVID-19: Vernon homeless shelters combine in curling club

Gateway and Our Place shelter sites housed under one roof amid pandemic

COVID-19: Don’t get away for Easter weekend, Dr. Bonnie Henry warns

John Horgan, Adrian Dix call 130 faith leaders as holidays approach

COVID-19: Trudeau says 30K ventilators on the way; 3.6M Canadians claim benefits

Canada has seen more than 17,000 cases and at least 345 deaths due to COVID-19

Most Read