In their appeal of Steeves, Cambie Surgeries argued that the judge erred in dismissing its case and argued that the prohibition on private surgeries in Canada is contrary to the rights guaranteed in the Canadian Charter of Rights and Freedoms, which in Sec. 7 guarantees “the right to life, liberty and security of the person.”
The majority of those on wait lists for knee and hip surgeries in B.C. are seniors living on modest incomes without the means to travel to other countries for orthopedic surgery. Thus, we would argue that for the greater good, seniors must sometimes bear a heavy and unequal burden of the cost of supporting the current health-care system.
It’s worth noting that while Justice Lauri Ann Fenlon agreed with Justice Robert Bauman that the appeal should be dismissed, she added: “The conclusion we are compelled to reach is far from a satisfactory one.”