VANCOUVER: The Canadian Constitution Foundation (CCF) is looking forward to the appeal of the decision in Cambie Surgeries Corporation v British Columbia (Attorney General), being heard this week at the BC Court of Appeal.
“The trial decision contains errors in both fact and law, and we look forward to this week’s appeal,” said CCF Executive Director, Joanna Baron. “The pandemic has underscored the need for innovative thinking in healthcare. With wait lists worsening across Canada it is crucial that patients are able to make choices about their own healthcare needs.”
In the lower court decision, Justice Steeves found that there was a violation of the security of person for individuals who are suffering from degenerative or deteriorating conditions and waiting for surgery in the government system beyond the medically acceptable wait times. However, Justice Steeves found that the patients had not demonstrated that their suffering was not in accordance with the principles of fundamental justice.
“It is certainly not in accordance with fundamental justice to leave patients suffering on wait lists when there are existing clinics, that have existed for over 20 years, that could treat them,” continued Baron. “The lower court decision is inconsistent with Chaoulli and with existing Charter law on the right to security of person.”