A Vancouver surgeon and businessman has lost his appeal of a landmark court case that threatened the foundations of the Canadian health-care system.
The B.C. Court of Appeal has dismissed the appeal brought by Dr. Brian Day of the Cambie Surgical Centre, finding that a 2020 judgement from a lower court judge was appropriate in their 142-page ruling. Appeals only address perceived errors in law, not the fundamental facts established by the initial judgement.
Day had argued that British Columbians had the right to pay for private medical treatment, primarily scheduled day surgeries, because waits in the public system were so long, they violated patients’ constitutional rights to life, liberty and the security of the person under Section 7 of the Charter. The Court of Appeal described Day’s argument as patients suffering “when the public system is broken and has failed to deliver on its promise of timely quality care, unjustly prevents individuals from using their own resources to meet their healthcare needs,” and that “permitting parallel private care would act as a safety valve, relieving the pressure on the public system without harming it.”
But they agreed with lawyers for the attorney general, representing the province, who said the initial judgement was correct in finding “the case was really about the financial interests and preferred business model of some physicians and private clinics.”
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