Abstract
In 2019, a British Columbia (BC) court decided against a Charter challenge, launched by Cambie Surgical Services (a private clinic). Cambie claimed that various laws in BC suppressing a two-tier system are contrary to the Canadian Charter of Rights and Freedoms and should be overturned. The trial judge carefully weighed the evidence for and against a two-tier system as a “safety valve” for long wait times in public Medicare, finding overall that two-tier will do more harm than good in the BC context. It is a small victory and a reprieve for public Medicare, which is increasingly under attack from various forms of privatization. But the courts cannot save healthcare on their own nor should they be expected to. The commitment and participation of all levels of government to improving waiting times is crucial.
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