Photo: Contributed The British Columbia Court of Appeal has unanimously upheld a lower court’s dismissal of a challenge to the Medicare Protection Act by a Vancouver surgeon, saying the co-pay and private insurance bans do not violate the Charter. The court found the lower court judge erred in his right-to-life analysis and says in his ruling the law’s provisions deprive some patients not only of their right to safety of the person, but also their right to life. However, the court ruled that the breach could be overruled by Section 1 of the Charter, which says that rights can be restricted if it is shown to be reasonable in a democratic society. Dr. Brian Day challenged the act, saying waiting times in the public health system are too long and stopping patients from paying for these services outside the public system violates their rights. Day launched his challenge to the Charter in 2009 and the case reached the BC Supreme Court in 2016 with the support of four patients as co-plaintiffs. After a four-year trial, the BC Supreme Court ruled in September 2020 that lawyers for Day and other plaintiffs failed to prove that patients’ rights are violated by the provincial act. read more Do you have an opinion? Send it to [email protected] July 14, 2022 – 8475 votes Do you think there is other life in space? Yes: 6382 No: 1482 Uncertain: 611 Jul 13, 2022 – 10,451 votes Should people who refuse vaccinations be allowed on organ transplant lists? Yes: 6130 No: 3754 Uncertain: 567 July 12, 2022 – 9207 votes Do you think Canada is already in a recession? Yes: 5541 No: 2825 Uncertain: 841 Jul 11, 2022 – 10714 votes Worried about losing golf courses in the area? Yes: 4380 No: 6101 Uncertain: 233 July 9, 2022 – 10634 votes Are you drinking less beer now than you used to? Yes: 3378 No: 1989 About the same: 2079 Don’t drink beer: 1916 Don’t drink alcohol: 1272
