Supreme Court Health Care Decision Will Hurt Patients

  • 2005 Supreme Court Decision: Quebecers have the right to access private health care
  • 2023 Supreme Court Decision: The rest of the country does not

CALGARY, AB: Think tank SecondStreet.org responded to today’s Supreme Court decision – which rejected the Cambie Surgeries Corporation v. British Columbia (Attorney General) appeal – with deep concern. The Supreme Court’s decision not only leaves Quebecers with more health care rights than everyone else in Canada, but provincial governments will continue to be allowed to ration health care in this country while blocking patients from accessing private health care.

No other developed nation on earth does this.

“Today’s Supreme Court decision is disappointing for patients,” said SecondStreet.org President Colin Craig. “How can the Supreme Court conclude in 2005 that Quebecers can pay for private surgery, but decide today that the rest of the country cannot? Patients would benefit if we kept the public system, but allowed Canadians the option of paying for surgery at private clinics. Countries with better performing universal health care systems allow this choice.”

In 2005, the Supreme Court of Canada famously concluded in the Chaoulli v Quebec case: “Access to a waiting list is not access to health care.” This decision found that the Quebec government could not ration health care to citizens while blocking them from paying for private health care.

Since 2009, Dr. Brian Day and the Cambie Surgery Centre have sought to expand this decision beyond Quebec, arguing that B.C. legislation similarly restricts private health options. The Cambie case had the potential to expand the same rights and privileges that Quebecers have to the rest of Canada. 

SecondStreet.org has gathered government data showing at least 41,620 patients have died while waiting for surgery and diagnostic scans since 2018-19. Many of these patients died while waiting for procedures which could improve their quality of life (e.g. hip operations), but the data also includes cases where patients died while waiting for potentially life-saving treatment. There have been many public cases in recent years where patients died while waiting for life-saving treatment – Shannon Anderson, Jerry Dunham, Michel Houle, Laura Hillier and more. 

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Prevention – reduce demand in the first place

If Canadians lived healthier lives, we could reduce demand for emergency services, orthopaedic surgeries, primary care and more. 

For instance, if you visit the Canadian Cancer Society’s website, you’ll read that “about four in ten” cancer cases are preventable. The Heart and Stroke Foundation notes that “almost 80 percent of premature heart disease and stroke can be prevented through healthy behaviours.” A similar number of Diabetes cases are also preventable. 

Many joint replacements and visits to ERs and walk-in clinics could also be avoided through healthy living. 

To be sure, not all health problems can be avoided through healthy living – everyday the system treats Canadians with genetic conditions, helps those injured in unavoidable accidents and more.  

But there is an opportunity to reduce pressure on the health care system through Canadians shifting to healthier lifestyles – better diets, more exercise, etc. 

To learn more, watch our Health Reform Now documentary (scroll up) or see this column. 

Partner with non-profits and for-profit clinics

European countries will partner with anyone who can help patients. 

It doesn’t matter if it’s a non-profit, a government entity or a private clinic. What matters is that patients receive quality treatment, in a timely manner and for a competitive price.  

In Canada, governments often delivery services using government-run hospitals instead of seeing if non-profit or private clinics could deliver the services more effectively. 

When governments have partnered with non-profit and private clinics, the results have often been quite good – Saskatchewan, Ontario and British Columbia are just a few examples of where partnerships have worked well. 

Canada should pursue more of these partnerships to reduce wait times and increase the volume of services provided to patients.  

To learn more, watch our Health Reform Now documentary (scroll up) or see the links above. 

Make cross border care more accessible

In Canada, citizens pay high taxes each year and we’re promised universal health care services in return. The problem is, wait times are often extremely long in our health system – sometimes patients have to wait years to see a specialist or receive surgery. 

If patients don’t want to wait long periods, they often have to reach into their own pocket and pay for treatment outside the province or country. 

Throughout the European Union, we also find universal health care systems. But a key difference is that EU patients have the right to go to other EU countries, pay for surgery and then be reimbursed by their home government. Reimbursements cover up to what the patient’s home government would have spent to provide the treatment locally. 

If Canada copied this approach, a patient waiting a year to get their hip operation could instead receive treatment next week in one of thousands of surgical clinics throughout the developed world. 

Governments benefit too as the patient is now back on their feet and avoiding complications that sometimes come with long wait times – meaning the government doesn’t have to treat those complications on top of the initial health problem. 

To learn more, watch our Health Reform Now documentary (scroll up) or this shorter video. 

Legalize access to non-government providers

Canada is the only country in the world that puts up barriers, or outright bans patients from paying for health services locally. 

For instance, a patient in Toronto cannot pay for a hip operation at a private clinic in Toronto. Their only option is to wait for the government to eventually provide treatment or leave the province and pay elsewhere. 

Countries with better-performing universal health care systems do not have such bans. They allow patients a choice – use the public system or pay privately for treatment. Sweden, France, Australia and more – they all allow choice. 

Why? One reason is that allowing choice means some patients will decide to pay privately. This takes pressure off the public system. For instance, in Sweden, 87% of patients use the public system, but 13% purchase private health insurance. 

Ultimately, more choice improves access for patients. 

To learn more, watch our Health Reform Now documentary (scroll up) or watch this short clip on this topic. 

Shift to funding services for patients, not bureaucracies

In Canada, most hospitals receive a cheque from the government each year and are then asked to do their best to help patients. This approach is known as “block funding”. 

Under this model, a patient walking in the door represents a drain on the hospital’s budget. Over the course of a year, hospital administrators have to make sure the budget stretches out so services are rationed. This is why you might have to wait until next year or the year after for a hip operation, knee operation, etc. 

In better-performing universal health systems, they take the opposite approach – hospitals receive money from the government each time they help a patient. If a hospital completes a knee operation, it might receive, say, $10,000. If it completes a knee operation on another patient, it receives another $10,000. 

This model incentivizes hospitals to help more patients – to help more patients with knee operations, cataract surgery, etc. This approach also incentivizes hospitals to spend money on expenses that help patients (e.g. more doctors, nurses, equipment, etc.) rather than using the money on expenses that don’t help patients (e.g. more admin staff). 

To learn more about this policy option, please watch our Health Reform Now documentary (scroll up) or see this post by MEI.